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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

University of Vermont & State Agricultural College v. Ward, 158 A. 778 (1932)

Citation
University of Vermont & State Agricultural College v. Ward, 158 A. 778 (1932)
Parent Document
University of Vermont & State Agricultural College v. Ward, 158 A. 778 (1932)
Jurisdiction
Vermont (state)
Effective Date
1932-02-04

Other Sections in This Document (211)

Full Text

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6 N. Y. at pages 491, 493, 57 A. D. 470, wherein it is said that, in a conveyance in fee, a condition that the grantee shall not commit waste or take the profits is void, “the reason being that a fee simple estate and a restraint upon its alienation cannot in their nature coexist. The ownership of the fee cannot exist in one person, while the ownership of the right of alienation and of its profits exists in a different person. ’ ’ This is a well understood rule of law, and further citation of authority would be superfluous.