For Your Data Metropolis Of Klamath Falls V. Bell Representative Brief
May 16, 2022
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City of Klamath Falls v. Bell
FACTS
-1925: a firm gift deeded province to the City of Klamath Falls “as long as” the urban meat used the province for a library, too thereafter unto Fred Schallock too Floyd Daggett, their heirs too assigns.
-City unopen the library inwards 1969 when the books were moved to around other library. Thereafter, the urban meat sued to tranquility championship inwards fee every bit to the land.
-D’s were all of the heirs of Schallock too Daggett. The grantor corporation, Daggett-Schallock Investment Company had been dissolved too the assets (including whatever involvement inwards the property) were transferred to Fred Schallock too Floyd Daggett. Thereafter, all of the remaining heirs transferred their interest, if any, inwards the holding to Defendant Marijane Flitcraft.
PROCEDURAL HISTORY
The case courtroom establish for the urban meat based on its finding that the gift over to Fred Schallock too Floyd Daggett was void nether the dominion against perpetuities. The Defendants appealed.
RULES
-Executory limitation violates the dominion against perpetuities.
-Rule against perpetuities is a bound on the grantor to give gifts to ‘remote parties’. (I.e., people non inwards existence).
-The rule’s move is to defeat the intent of the grantor; if anything could defeat the rule, it does.
-Only an executory involvement tin give notice follow a grant inwards fee simple.
-“No involvement is expert unless it must vest, if at all, non afterward than twenty-one years after around life inwards beingness at the creation of the interest.”
APPLICATION
-The linguistic communication of the displace passed to the urban meat a fee uncomplicated determinable inwards the land. That is truthful due to the utilisation of the specific words of “as long as.”
-Court establish that the breach of the status causes the fee uncomplicated to terminate automatically.
-The linguistic communication of the displace which called for the gift over inwards example of breach of the status of utilisation to live on made to Fred Schallock or Floyd Daggett or their heirs too assigns was an endeavour to bring an executory interest.
-The dominion against perpetuities applies to executory interests. In this example the urban meat mightiness select used the province for a library indefinitely which would brand the gift over to Fred Schallock too Floyd Daggett void ab initio. This violated the Rule against Perpetuities.
-The Court establish that a possibility of reverter was retained yesteryear the grantor corporation. Oregon had a police against the alienation of possibilities of reverter. The grantor firm did endeavour to alienate the possibility of reverter through its abortive gift over the Schallock too Daggett.
-An endeavour of a grantor to transfer a possibility of reverter does non motility its destruction. Therefore, the possibility of reverter was retained inwards the grantor, the firm which was dissolved.
-Here, the firm was lawfully dissolved too that all the remaining assets went to the sole shareholders, Fred Schallock too Floyd Daggett, too then, of degree to their heirs too assigns. The possibility of reverter was too thus inwards the heirs who conveyed their rights to Flitcraft.
FACTS
-City unopen the library inwards 1969 when the books were moved to around other library. Thereafter, the urban meat sued to tranquility championship inwards fee every bit to the land.
Baca Juga
PROCEDURAL HISTORY
The case courtroom establish for the urban meat based on its finding that the gift over to Fred Schallock too Floyd Daggett was void nether the dominion against perpetuities. The Defendants appealed.
RULES
-Executory limitation violates the dominion against perpetuities.
-The rule’s move is to defeat the intent of the grantor; if anything could defeat the rule, it does.
-Only an executory involvement tin give notice follow a grant inwards fee simple.
-“No involvement is expert unless it must vest, if at all, non afterward than twenty-one years after around life inwards beingness at the creation of the interest.”
APPLICATION
-The linguistic communication of the displace passed to the urban meat a fee uncomplicated determinable inwards the land. That is truthful due to the utilisation of the specific words of “as long as.”
-Court establish that the breach of the status causes the fee uncomplicated to terminate automatically.
-The linguistic communication of the displace which called for the gift over inwards example of breach of the status of utilisation to live on made to Fred Schallock or Floyd Daggett or their heirs too assigns was an endeavour to bring an executory interest.
-The dominion against perpetuities applies to executory interests. In this example the urban meat mightiness select used the province for a library indefinitely which would brand the gift over to Fred Schallock too Floyd Daggett void ab initio. This violated the Rule against Perpetuities.
-The Court establish that a possibility of reverter was retained yesteryear the grantor corporation. Oregon had a police against the alienation of possibilities of reverter. The grantor firm did endeavour to alienate the possibility of reverter through its abortive gift over the Schallock too Daggett.
-An endeavour of a grantor to transfer a possibility of reverter does non motility its destruction. Therefore, the possibility of reverter was retained inwards the grantor, the firm which was dissolved.
-Here, the firm was lawfully dissolved too that all the remaining assets went to the sole shareholders, Fred Schallock too Floyd Daggett, too then, of degree to their heirs too assigns. The possibility of reverter was too thus inwards the heirs who conveyed their rights to Flitcraft.
