Fletcher v. Ferrill
Arkansas Supreme Court
227 S.W.2d 448 (1950)
J. W. Fletcher owned property in Batesville, Arkansas. Mr. Fletcher executed a deed that transferred the property to the Masonic lodge to be used as a home and school for orphans. Mr. Fletcher reserved a life estate for himself in the property. The deed also provided that the property would revert to Mr. Fletcher’s heirs if it stopped being used for the orphans. Mr. Fletcher died in 1930, and the lodge took possession of the property. Prior to Mr. Fletcher’s death, he had created a will that named his widow, Mrs. Fletcher (defendant), as his residuary devisee. The lodge used the property for an orphans’ home and school until 1948 and after ceasing operation, disclaimed any future interest in the property. After the lodge stopped operating the school, 48 of Mr. Fletcher’s nieces and nephews (plaintiffs), who were Mr. Fletcher’s statutory heirs, filed suit to claim title to the property. Mrs. Fletcher opposed that claim. The nieces and nephews argued that the deed passed the property directly to them as Mr. Fletcher’s heirs once the lodge’s interest had ceased. Mrs. Fletcher asserted that the deed retained a possibility of reverter for Mr. Fletcher and that he had passed this possibility of reverter to her through his will. The lower court found for the nieces and nephews, and Mrs. Fletcher appealed.
Rule of Law
Holding and Reasoning (Smith, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 709,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 709,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 44,500 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.