FUTURE INTERESTS-IMPLICATION OF CONDITION SUBSEQUENT IN CONVEYANCE IN CONSIDERATION OF SUPPORT-EQUITABLE AID TO OWNER OF RIGHT OF ENTRY

Authors

Abstract

Plaintiff, guardian for one Toft, sues to quiet title to land conveyed by Toft to defendant on May 14, 1931, without solicitation or suggestion on defendant's part. Toft at the time was 74 years old. The deed reserved a life estate in Toft, and provided that the grantee was to take care of the grantor during his lifetime. This was all of the grantor's property except about $500. Defendant left after a quarrel on July 5, 1931, but returned a week later and stayed until January 18, 1932, when Toft threatened her life, and she left and has never returned. Held, although there is no express condition subsequent, since the conveyance was in consideration of support, an estate upon condition subsequent is created because of the peculiar situation of the parties, and title will be quieted in the grantor by cancelling the deed. Jancovech v. Christensen, (Ind. App. 1935) 195 N. E. 287.

Recommended Citation

FUTURE INTERESTS-IMPLICATION OF CONDITION SUBSEQUENT IN CONVEYANCE IN CONSIDERATION OF SUPPORT-EQUITABLE AID TO OWNER OF RIGHT OF ENTRY, 34 Mich. L. Rev. 887 (1936).
Available at: https://repository.law.umich.edu/mlr/vol34/iss6/16