A farmer owned a large tract of land. She divided the tract…
A farmer owned a large tract of land. She divided the tract into two parcels: Parcel 1 comprised the northern half on which the farmer built her home, and Parcel 2 comprised the southern portion containing a large orchard of fruit trees. First, the farmer conveyed Parcel 1 by grant deed to her friend “for life, and then to his widow for her life, remainder to his children then alive.” Later, the farmer conveyed Parcel 2 to the orchard manager. Subsequently, the farmer died intestate, leaving her sister as her sole heir at law. The house on Parcel 1 is old and in need of repair. The friend proposes to tear down the house and plant fruit trees. The property would be worth substantially more as a fruit orchard than in its present condition. However, the sister feels that the farmer’s old house has sentimental value and wants the friend to leave the land as it is. At the time of the deed and at present, the friend is married and has two children. The common law Rule Against Perpetuities is unmodified by statute in the jurisdiction. Does the sister have standing to sue to enjoin the friend from tearing down the house?