Thursday, October 11, 2012

White v. Brown (1977) (fee simple interpretation of will)


a.       Facts- P did NOT receive a house in fee simple, instead life estate, because the will contained language that said P can “live in the house, but cannot sell it”. The remainder interest went to the decedent’s heirs, D. P sued D to gin fee simple absolute estate of the house.
b.      Procedural History- Trial Ct held that will conveyed life estate, Ct of appeals affirmed. Sup Ct reversed and remanded.
c.       Issue- Whether a restriction on sale of a house contained in a will constitutes a fee simple absolute estate
                                                              i.      How do you interpret a document like this?
d.      Holding- The limitation in the will was NOT enough evidence to show that decedent’s intent was to transfer a life estate
                                                              i.      Dissent- Because of the restriction, the will on a whole shows that decedent’s intent was to transfer a life estate, such that decedent’s heirs will own the house after Π dies (after Π’s life estate runs up)
e.       Rule- Rules of construction of an ambiguous will favors a conveyance of fee simple absolute
                                                              i.      “If the expression in the will is doubtful, the doubt is resolved against the limitation and in favor of the absolute estate”
f.       Rationale-
                                                              i.      Ct said that we should consider this to be fee simple, and NOT a life estate b/c testator did NOT name who the remainder interest is.
1.      If it was a life estate, testator would have named remainders
                                                            ii.      Ct says that “to live in” are characterized as words of motivation, they are explaining the purpose
1.      They’re indicative in purpose
                                                          iii.      “Not to be sold”
1.      Cts really DON’T like restraints on alienation (social policy) in fee simples

No comments:

Post a Comment