Ambiguous Conveyances & Restrictions On Estates Cases Flashcards
Please convey land for the purpose of constructing and maintaining their own county hospital. Land was eventually sold to private company and peas brought suit claiming it’s original conveyance created a fee determinable or a fee, simple subject of condition subsequent, and because Linh wasn’t used for a hospital, they are entitled to reverter
Are they?
No. A deed that doesn’t clearly state the ground is intent to retain an interest is not create that interest.
For FSD, need “so long as, until, during”. FSSCS needs “upon condition, provided that, if”
Courts should interpret conveying language very strictly so interests are not destroyed
Wood v. Fremont County (1988)
The Easton died in her well gave the farm to her daughter Edwards. Edwards wanted her children to consent to her selling the farm, daughter Bradley declined. Edwards died left Bradley one dollar and said farm should be sold and proceeds among other children. Bradley sued against the sibling, sang under original deed. Will was a life estate given to Edward with remainder to children.
Was it?
Yes. Alison wanted to shield Edwards from creditors which a life state provides for also be simple as subject to sale/Encumbrance/creditor claims (contrary to Lilliston’s intent)
grantor’s intent prevails
Edwards v. Bradley (1984)
Diesel LP reserving a life estate on one acre. D was to maintain the land home on the acre and pay taxes. Dee did not pay taxes and lead house fall into disrepair—fire and health hazard. P petitioned to terminate D’s life estate via waste
Warranted?
Yes. A life tenant can fully use and enjoy property as long as they don’t commit waste and failure to pay taxes is waste because land could be sold by IRS to pay taxes.. taxes were also expressed condition of the sale
doctrine of waste extinguishes life estate
McIntyre v. Scarborough (1996)
