Fletcher v. Ferrill
Arkansas Supreme Court
227 S.W.2d 448 (1950)
Facts
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
Issue
Holding and Reasoning (Smith, J.)
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