Smith owned Blackacre in fee simple absolute. In section 3 of a properly execute

Question

Smith owned Blackacre in fee simple absolute. In section 3 of a properly executed will, Smith devised Blackacre as follows: "I devise my farm Blackacre to my son Darwin so long as it is used as a farm." Section 5 and 6 of the will made gifts to persons other than Darwin. The last clause of Smith’s will provided: "All the remainder of my real and personal property not disposed of heretofore in this will, I devise and bequeath to the University of California, Berkeley." Smith died in 1999, survived by her son Darwin. Smith’s estate has been administered. Darwin has been offered $100,000 for Blackacre if he can convey title to it in fee simple. What interests in Blackacre were created by Smith’s will? Please discuss.

Explanation / Answer

Darwin gets the title to the farm Blackacre as long as he uses it as a farm. If Darwin is not using it as a farm he will not get the title to it.

Hence if somebody's offers Darwin to buy the Blackacre farm, Darwin cannot sell it to them. Darwin can only enjoy the ownership of the Blackacre, as long as he uses it as a farm.

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