...We hold that the right of first refusal in this case is not invalid as a direct restraint on alienation. The next question is whether the preemptive right in the Agreement is void as violative of the rule against perpetuities. The rule is codified in OCGA § 44-6-1 (Code Ann....

...The rule against perpetuities is a positive mandate of law that is to be applied to defeat the illegal intention of the testator. See Thomas v. C & S Nat. Bank, 224 Ga. 572, 575 (163 SE2d 823) (1968). Georgia recognizes the common law rule against perpetuities as codified in OCGA § 44-6-1, which states, "Limitations of estates *598 may extend through any number of lives in being at the time when the limitations commence, and 21 years, and the usual period of gestation added thereafter....

..."[t]he purpose of this provision is to prevent any possible violation of the rule against perpetuities and this provision shall be so construed." In viewing this will we have been guided by the rule against perpetuities, a positive rule of law, OCGA § 44-6-1, which seeks to pry open a testator's excessive dead-hand control and give control to the living in order to maintain the alienability of property....

...J., dissent. Bell, J., disqualified. SMITH, Justice, dissenting. I respectfully dissent to Division One of the opinion. I do not believe that a testator should be allowed to violate the rule against perpetuities and then prevent the operation of OCGA § 44-6-1 (a) by slipping in a saving clause....

...nts in this case, who had all to gain and nothing to lose, had not challenged the will. The remote interests should have been declared void and the limitations which were not too remote should have vested in the last legal takers as mandated by OCGA § 44-6-1 (a)....

...neral rights, nor paying taxes on them, since the 1910 conveyance. As to OCGA § 44-5-168, supra, see Division 2, infra. The appellee also sought a declaration that the option to repurchase is void as violative of the rule against perpetuities. OCGA § 44-6-1....

...ights at issue by testate succession. 12 In 1990, Georgia adopted the Uniform Statutory Rule Against Perpetuities, OCGA §§ 44-6-200 to 44-6-206, which repealed Georgia’s former statutory expression of the rule set forth in OCGA § 44-6-1 but did not entirely supplant the common law rule....

...in debts of his estate were paid. Since the latter time is unascertainable and could cause vesting past the time allowed by the rule the court ruled that the estate must vest in the estate of Hubert Carlton, the last legal taker under the will. OCGA § 44-6-1 provides that if the rule is violated the estate will vest in the last legal taker....

...Cass did not notify Young of this event, but Young learned the land was being offered for sale in October 1983, whereupon he notified Cass of his readiness to perform the option. This litigation followed with the filing of the complaint by Cass on June 14, 1984. 1. The rule against perpetuities in Georgia is stated in OCGA § 44-6-1 (a): "Limitations of estates may extend through any number of lives in being at the time when the limitations commence, and 21 years, and the usual period of gestation added thereafter....

...The law terms a limitation beyond that period a perpetuity and forbids its creation. When an attempt is made to create a perpetuity, the law will give effect to the limitations which are not too remote and will declare the other limitations void, thereby vesting the fee in the last taker under the legal limitations. OCGA § 44-6-1....