Wills, Trusts & Estates keyed to Dobris
Mahrenholz v. County Board of School Trustees of Lawrence County
Facts
Grantor’s decedent conveyed property interests to Plaintiff. Plaintiff sought to quiet title. Defendant grantee opposed the action on the grounds that Grantor never reentered the conveyed property and therefore did not own the property and could not convey an interest. Land had been conveyed to Defendant “to be used for school purposes only; otherwise to revert to Grantors herein.” Grantor’s decedent son and heir transferred his future interest, allegedly after the fee owner had stopped using the land for school purposes. If the transferor originally had a possibility of reverter, that possibility of reverter “automatically” became a fee simple absolute once the land was no longer used for school purposes. Since fee interests are fully transferable, the transfer would have been effective. On the other hand, if the transferor had conveyed a right of entry, that right would not have been converted to a fee simple unless the holder of the right had actually reentered the property . Defendant contends that since reentry did not occur, the conveyance by grantor’s decedent would have been an ineffective transfer of the right of reentry.
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