Case Clips

The City filed an action against the shareholders’ descendants for declaratory judgment.
Issue: Does a grantor who alienates his possibility of reverter destroy it?
Rule: An attempt by a grantor to transfer his possibility of reverter does not destroy his interest.Brokaw v. Fairchild (1929)
Facts: Brokaw, a life tenant, sought to demolish a mansion and erect an apartment building in its place.
Issue: May a life tenant exercise rights of ownership over an estate?
Rule: Although a life tenant may make reasonable use of an estate and improve its value, he cannot so change the inheritance as to preclude its transfer to the remaindermen or reversioners.Baker v. Weedon (1972)
Facts: A life tenant’s income from the decedent’s property provided insufficient support. She petitioned the court for judicial sale of the property and investment of the proceeds.
Issue: May a court of equity order property sold when future interests are affected?
Rule: Necessity must be demonstrated for a court of equity to order a sale of property in which there are future interests. The court will consider whether a sale is necessary for the best interest of all the parties.Harrison v. Marcus (1985)
Facts: Irving K. Taylor conveyed in trust two parcels of land for the exclusive use of a Boy Scout Troop.