FUTURE INTERESTS-APPLICATION OF THE RULE AGAINST PERPETUITIES TO RIGHTS OF ENTRY AND POSSIBILITIES OF REVERTER

Authors

Abstract

In 1805 land was granted in fee simple to a local religious society for the purpose of holding public worship in a building erected thereon. The grant was made subject to the condition that if the society should ever cease to conduct the exercise of worship in a church built on the land granted, the land was to revert to the grantors, their heirs and assigns. In 1916 the church was torn down to permit the construction of a larger church; but the tract proving to be too small, the society in 1924 purchased another site and erected upon it a church in which they have since conducted services, leaving vacant and unoccupied the land granted to them in 1805. In 1925 the administrator of the estates of the grantors entered and took possession, claiming the land for the heirs. This suit was brought by him to settle the title thereto. Held, a right of entry for breach of condition subsequent is not within the rule against perpetuities and may therefore be exercised whenever the breach occurs; there having been a breach of condition and an entry by the heirs, the estate granted was totally defeated and the heirs became owners in fee simple of the land. City Nat. Bank v. City of Bridgeport (Conn. 1929) 147 Atl. 181.

Recommended Citation

FUTURE INTERESTS-APPLICATION OF THE RULE AGAINST PERPETUITIES TO RIGHTS OF ENTRY AND POSSIBILITIES OF REVERTER, 28 Mich. L. Rev. 1015 (1930).
Available at: https://repository.law.umich.edu/mlr/vol28/iss8/6