![]() But most courts follow the approach here and simply ignore the "use" and "purpose" and "trust" language and interpret the "fee simple" grant as a fee simple absolute. And some courts would find a restrictive covenant enforceable by the grantor's heirs. Some courts interpret this language to create an implied trust, or a fee simple determinate with a possibility of reverter in the grantor if the condition is violated or an executory interest in a third party if one is mentioned as taking the estate if the limitation is violated. The interpretive principle of the "presumption against forfeitures" suggests that any retained future interest or right of control in the grantor must be created explicitly and unambiguously. Traditionally any language in a conveyance of a fee simple that explains the "purpose" of the transfer or the "use" to which it is to be put, is interpreted as precatory language that has no legal effect on the title that is conveyed. Young Women's Christian Ass'n of Philadelphia, Inc., 90 Mass. In a standard application of traditional estates doctrine, the Massachusetts Appeals Court has found a fee simple absolute despite language in the grant to the YWCA stating that the property was given "in trust, nevertheless, for the uses, purposes and trusts aforesaid." Young Women's Christian Ass'n, Inc. ![]()
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