Story Case

Mr. Henry Patton brought suit against Cyrus Field to recover a farm in southern Illinois, having been ejected when he tried to enter upon it. Mr. Cyrns Field insisted that he had paid full price for the land which he had purchased from Mr. Max Patton, four years prior to this suit. Mr. Henry Patton proved that he was the brother of Max Patton, and produced a will, written by an eccentric father. By the terms of the will, which was recorded, the land in question had been granted to Max Patton "so long as he does not give aid or comfort or ally himself with the Republican party, and in the event that he does, fee of said land is to pass to his brother Henry." Mr. Henry Patton now proved that one year prior to the opening of this suit, Mr. Max Patton was appointed Republican State Committeeman and was now campaigning for election as United States senator on the Republican ticket. Has Mr. Henry Patton made out a good case?

Ruling Court Case. First Universalist Society Vs. Boland, Volume 155 Massachusetts Reports, Page 171

One, Clark, by deed, conveyed a tract of land to the First Universalist Society. It was provided that the Society might hold it "so long as said real estate shall by said Society or its assigns be devoted to the uses, interest, and support of the faith of the Society of Universalists: and when said real estate shall by said Society or its assigns be diverted from the uses, interests and support aforesaid to any other interests, uses or purposes than aforesaid, then the title of said Society or its assigns in the same shall forever cease, and be forever vested in the following named persons." Among these was Clark, the grantor. The First Universalist Society contracted to sell the land in question to Boland, who contracted to purchase it. When Boland discovered the foregoing provisions in the conveyance to the Society, he refused to purchase the same. This was a bill by the Society asking that Boland be compelled to accept and pay for the property.

Boland contended that the Society had only a conditional estate, and, therefore, could not pass a good title to it.

Mr. Justice Allen said: "The words used in the conveyance do not grant an absolute fee, nor an estate on condition, but an estate which is to continue until the happening of a certain event, and then to cease. That event may happen at any time, or it may never happen. Because the estate may be lost forever, it is not a fee; because it may end on the happening of the event, it is what is usually called a determinable or qualified fee." Because of this uncertainty of title, judgment was given for Boland.

Ruling Law. Story Case Answer

A qualified or base fee is an estate which is given to cease or determine upon the happening of some specified event. Upon the happening of that event, the interest of the owner ceases and the land rests in the person entitled thereto. The land reverts upon the very happening of the event, and no re-entry is necessary. While the base fee continues, the owner is entitled to all the rights and privileges in respect thereto, which any owner of land possesses, except that it is subject to be taken from him by the happening of the event in question.

In the Story Case, the father gave Max, his son, a qualified fee. This base fee was all that the son took under the will and it was all he could sell to Cyrus Field. If the condition was clearly violated by the terms of the will, Mr. Henry Patton has made out a good case.