Mahrenholz v. County Board of School Trustees of Lawrence County

Facts

According to the pleadings, in 1941 W. E. and Jennie Hutton gave a warranty deed to the trustees of School District No. 1, the predecessors of the defendants. The deed said "this land to be used for school purpose only; otherwise to revert to Grantors herein". W. E. Hutton died intestate (without a will) in 1951, and Jennie Hutton died intestate in 1969. Their only legal heir was their son, Harry E. Hutton. The land became the site of the Hutton School. Classes were held there until May 30, 1973. After that date, children were transported to classes at other facilities, and the district used the property only for storage. In 1959, Earl and Madeline Jacqmain deeded over 390 acres to the plaintiffs, including the 40-acre tract from which the school grounds were taken. That deed excepted the school grounds but purported to convey the reversionary interest. On May 7, 1977, Harry Hutton conveyed all his interest in the school land to the plaintiffs. On September 6, 1977, he signed a disclaimer and release of any such interest in favor of the school board. The plaintiffs claimed title to the school property through the Jacqmains and through Harry Hutton.

Issues

1. Did the 1941 deed to the school trustees create a fee simple determinable followed by a possibility of reverter, or a fee simple subject to a condition subsequent followed by a right of entry for condition broken?
2. Could the plaintiffs have acquired any interest in the school property from the Jacqmains in 1959, or from Harry Hutton in 1977?

Holding

The 1941 deed, which gave land "to be used for school purpose only; otherwise to revert" to the grantors, created a fee simple determinable followed by a possibility of reverter. The trial court therefore erred in dismissing the plaintiffs' complaint on the ground that Harry Hutton held only a right of entry. The court remanded without deciding whether the plaintiffs in fact took Harry Hutton's interest.