.... 1. Deeds 15; Estates 4.1 — conveyance of park to municipality — fee simple determinable estate A deed providing that land conveyed to a municipality should be used as a park for white people...and that the land was to revert to the grantor or its successors and assigns in the event that the land ceased to be used for such purpose, held to create a fee simple determinable estate.... 2. Deeds 15; Estates 4.1 — fee simple determinable estate — possibility of reverter The grantor's conveyance of a fee simple determinable estate leaves in the grantor a possibility of...

...: namely, that the estate is vested in the grantee while it is used for roadway purposes. Such a limitation on a fee creates a defeasible fee or, more precisely, a fee simple determinable. Code Ann. § 85-502.... A fee simple determinable provides for automatic reversion of the estate upon the occurrence of the limitation. Georgia A. S. C. R. Co. v...( 93 S.E.2d 731) (1956). In addition, the reversionary interest created by a fee simple determinable is...

...appear upon the face of the will. G.S. 41-4. 8. Same — A devise of an estate which may last forever but which may end upon the happening of a specified event creates a fee simple defeasible. 9. Same — An estate in fee simple defeasible may be either (1) an estate in fee simple determinable, or...(2) an estate in fee simple subject to a condition subsequent, or (3) an estate in fee simple subject to an executory limitation. 10. Same — A fee simple determinable is...fee simple which automatically expires upon the occurrence of a stated event. 11. Same — A fee simple determinable constitutes the entire estate until the happening of the stated...

...continue its organization" operated to fix the duration of the charitable trust, and did not reduce the trustees's interest to a fee simple determinable, with a possibility of reverter in the grantor...fee simple determinable. The defendants argue that the trustees acquired a fee simple absolute. A judge in the Land Court allowed the defendants' motion for summary judgment and held that the...trust created an equitable estate in fee simple determinable. The court published the following order: "Judgment reversed. Judgment shall enter instructing the plaintiff trustees to convey to Cape Cod...

...construction of a county hospital. They now contend that language in the deed created either a fee simple determinable or a fee simple subject to a condition subsequent with a right of reversion in them if...the Armed Forces of the United States of America from Fremont County, Wyoming * * *" in the 1948 warranty deed is sufficient limiting language to create either 1) a fee simple determinable, or 2) a fee...expressly appear or be necessarily implied in the terms of the grant. A fee simple estate in land that automatically expires upon the happening of a stated event, not certain to occur, is a fee simple determinable. Restatement...

...for so long thereafter as minerals may be produced in paying quantities creates in the grantee a fee simple determinable, and establishes in the grantor a possibility of reverter. Since the rule...necessity of any further conveyance demonstrates vividly the intention of the parties, Kuehn and Gerdes, to create a fee simple determinable in Kuehn as to the reserved royalty interest, and not a fee...simple on condition subsequent, as to that interest. That the royalty interest reserved by Kuehn expires automatically with the cessation of production satisfies the controlling test of whether the parties intended a valid fee simple determinable or...

...opinion of the court, in which E. RILEY ANDERSON, ADOLPHO A. BIRCH, JR., JANICE M. HOLDER, and WILLIAM M. BARKER, J.J., joined. In 1908, a fee simple determinable estate in real...that in a fee simple determinable where the term "abandon" is not otherwise defined, the common law definition of abandonment applies; a.... The trial court agreed with the parties that the deed conveyed a fee simple determinable estate to Metro and reserved in the Haleys and their heirs the future interest of a possibility of reverter...

...easement or a fee simple determinable. The district court granted summary judgment for the state, concluding that the 1898 deed conveyed a fee simple determinable and that the Marketable Title Act, Minn...a fee simple determinable, subject to the limitation "so long as the said strips of land shall be used for Right of Way and for Railway purposes; but to cease and terminate if the Railway is removed...from the said strips." Having concluded that the interest conveyed in 1898 was a fee simple determinable, the court went on to conclude that the DNR owns the subject property in fee simple. It did so...

...fee simple determinable, and that when the United States ceased to use the premises for the purpose set forth in the original conveyance...title to the land reverted to the plaintiff. A fee simple determinable is created by a conveyance which contains words effective to create a fee simple and in addition a provision...(82 Mass.) 327. Clearly under Massachusetts law, the 1898 deed gave the United States an estate in fee simple absolute. Assuming, however, that the United States did receive in 1898 only a fee simple determinable in...

...that the decedent's residual estate passed to Rosenthal as a fee simple determinable. In one point of error, the Barkers argue that the trial court erred in granting the summary judgment or, in the...alternative, in denying their motion for summary judgment. We affirm. Rosenthal's motion for summary judgment argued that the will created a fee simple determinable interest in her.... The Barkers argue next that the trial court erred in finding that the ninth paragraph of the will provision created a fee simple determinable. They contend that the ninth paragraph should be...

.... ANALYSIS I. THE PROPERTY INTEREST CREATED BY THE DECREE OF DIVORCE WAS A FEE SIMPLE DETERMINABLE ¶ 13 Both Mr. Hall's right to...described in paragraph 10 of the divorce decree. For reasons that we will explain, the interest conveyed first to Ms. Satterfield then to Mr. Hall on to Homecomings and finally to the Moores was a fee simple determinable. ¶ 14..."If a fee estate can be determined or defeated by an event which is not certain to occur, it is a defeasible fee simple. . . . A defeasible fee gives the complete set of rights of ownership to the grantee until the defeating event arises." James H. Backman, Thomas and Backman on Utah Real Property Law § 2.02(c), at 43 (1999) (Supp. 2004). Defeasible fee interests, in turn, fall into two categories: fee simple determinable and...

...Company created an estate in fee simple determinable, while appellee asserts that it created an estate upon condition subsequent. It seems to be admitted that if it creates an estate upon condition...subsequent, the power reserved to terminate under the common law, was personal to the grantor and his heirs and was not assignable, while if it created a fee simple determinable, then there was the...possibility of reverter which might or might not be assignable under the common law. Appellee contends that whether or not a fee simple determinable or an estate upon condition...

...court erred in determining that his interest in the disputed tract of land was a fee simple determinable. For the following reasons we agree with appellant and, therefore, reverse the order and remand...fee simple determinable, the breach of which would cause title to revert to the grantor or his successors. Based upon Kennedy's admission that he has...the estate created by the deed was a fee simple determinable or a fee simple subject to a condition subsequent. A fee simple determinable is an...

...Property — Action to enforce a reverter — "Fee simple determinable," defined — Instrument creating fee must contain limiting words — Provision for reverter required, when — Applicable statute of limitations...in R.C. 2305.04. O.Jur 3d Estates §§ 15, 23. 1. A "fee simple determinable" is created by an instrument providing that the estate shall automatically...terminate upon the happening of a stated event. 2. In order to create a fee simple determinable the instrument must contain limiting words, such as "so long as," and if these words are...

...to defendant board of education created a fee simple determinable or a fee simple subject to a condition subsequent. The plaintiff is his parents' sole heir. The deed contains...present plan to sell the premises. Language in an instrument which is alleged to create a fee simple determinable or a fee simple subject to a condition subsequent is strictly...instrument creates a fee simple determinable hinges upon such words of art fixing a conditional limitation as "so long as," "until," or "during." The possibility of reverter may be expressed but may also be...

...G. Badger Baker, of the Twelfth Judicial Circuit, in a decree dated October 3, 1960, found that the Huntington's conveyances to Brookgreen were originally fee simple determinable estates. He further..., appears to create a fee simple determinable estate in Brookgreen. "A fee simple determinable is an estate in fee `with a qualification annexed to it by which it is provided that it must determine...acquire, build and or maintain a suitable building or buildings . . . for such exhibition. . . ." Brookgreen Certificate of Incorporation. It is apparent from the deeds that the grant was in fee simple determinable. The...

.... Plaintiff argues that the deed expresses a clear and unequivocal intention to convey a fee simple determinable or a fee simple subject to a condition subsequent and that he.... 448 , 452 (App.Div. 196 7). An estate in fee simple determinable is an estate in fee simple which automatically determines upon the occurrence of a given event. The...an intent to create an estate in fee simple determinable although other language in the instrument, the amount of the consideration and the circumstances surrounding the conveyance may indicate such...

...assigns, in fee simple. Thus, the interest Garvin transferred to Williams was a fee simple determinable while she retained a possibility of reverter...fee simple determinable is a grant that can be cut short when a given term expires. Scott v. Brunson, 351 S.C. 313, 316...future interest that accompanies a fee simple determinable. Id. In the case of a possibility of reverter, the possessory estate vests immediately and automatically upon the happening of the event...

...simple subject to a condition subsequent followed by the right of entry for condition broken, rather than a determinable fee followed by a possibility of reverter...language of the 1941 deed of the Huttons to the school district. As urged by the defendants, and as the trial court found, that deed conveyed a fee simple subject to a condition subsequent, followed by a right of re-entry for condition broken. As argued by the plaintiffs, on the other hand, the deed conveyed a fee simple determinable followed...School grounds if Harry Hutton had inherited a possibility of reverter from his parents. • 3 The difference between a fee simple determinable (or determinable fee) and a fee simple subject...

...-appellee. Deeds — statement of purpose — no language of reversion or termination — fee simple absolute An 1897 deed conveying land to the United States for a lifesaving station conveyed a fee simple absolute rather that a fee simple determinable where...Dare County had title to the property in fee simple absolute. The Court of Appeals reversed and remanded holding that the United States was granted only a fee simple determinable by the 1897 deed and.... Before this Court defendant argues that the 1897 deed conveyed to the United States a fee simple absolute, but even if the estate conveyed was a fee simple determinable with a possibility of...