Consider the following grant: "This transfer or deed is made with the full understanding that should the property fail to be used for the Church of God, it is to be null and void and property to revert to W. E. Collins or heirs." Discuss the interests created

Answer 1

?There is a fee simple defeasible. Whether there is a determinable or one subject to a condition subsequent depends upon the interpretation of the language. The language seems to connote time, not conditional grant so that it would be appear to be a determinable. However, the law tends not to favor determinable, but conditions subsequent because some action is required to gain title. W.E. Collins and his heirs hold a future interest that is either a possibility of reverter or a right of re-entry, depending upon the interpretation of the type of present interest.