Higbee Corporation and Kennedy both claimed title to a narrow ...

[tth]

Higbee Corporation and Kennedy both claimed title to a narrow strip of property located in Bethel Park, Allegheny County, Pennsylvania. Higbee filed suit to quiet title. The original grant on the property to Kennedy provided as follows:  To have and to hold the said piece of land above-described the hereditaments and premises hereby granted or mentioned and intended so to be with the appurtenance unto the said party of the second part his heirs and assigns to and for the only proper use and behoove of the said party of the second part his heirs and assigns forever provided the party of the second part his heirs and assigns wishes to make use of it for the purpose of a road. THE PARTY OF THE SECOND PART AGREES TO KEEP A GOOD FENSE AROUND THE ABOVE-MENTIONED LOT, FAILING TO DO SO FORFEITS HIS CLAIM, whenever the party of the second part wishes to give up his claim to said lot he is to have full privilege to remove all fencing materials whenever the party of the second part his heirs and assigns fails to fulfill this agreement the land is to revert to the party of the first part. What type of land interests were created?

Question 2

The requirement of a sum certain in money is fulfilled even though the interest rate changes at maturity.
  Indicate whether the statement is true or false

[fatboyy09]

Answer to Question 1

The court held it was a fee simple subject to a condition subsequent. When the language is unclear, courts lean toward a condition subsequent.

Answer to Question 2

TRUE

[tth]

Thanks for the timely response, appreciate it

[olderstudent]

Gracias!