A landowner devised her parcel of land to her daughter, her…
A landowner devised her parcel of land to her daughter, her heirs, and assigns, “so long as the property is used for residential purposes, then to my niece, her heirs, and assigns.” The remainder of the landowner’s property passed through the residuary clause of her will to her grandson. The daughter lived on the land for 25 years; then, on her death, ownership passed to her husband. In the meantime, the niece had also died, leaving her entire estate to her son. The husband has leased the land to a developer, who has obtained the necessary permits to build a shopping center on it. The grandson and the niece’s son both file quiet title and ejectment actions against the husband, and the cases are consolidated. How should the court, applying common law, rule as to ownership of the land?