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Barry M. Klayman and Mark E. Felger Barry M. Klayman and Mark E. Felger

In Lowry v. Irish, 2020 Del. Ch. LEXIS 290 (Del. Ch. Sept. 18, 2020), Vice Chancellor Sam Glasscock considered the validity of a contractual waiver of the right to partition an estate in real property. On a motion for judgment on the pleadings, he held that the purported waiver was invalid because it was an unreasonable restraint on alienation.

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