<!--[if gte mso 9]> Normal 0 false false false MicrosoftInternetExplorer4 <!-- /* Style Definitions */ p.MsoNormal, li.MsoNormal, div.MsoNormal {mso-style-parent:""; margin:0in; margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:10.0pt; font-family:"Times New Roman"; mso-fareast-font-family:"Times New Roman";} @page Section1 {size:8.5in 11.0in; margin:1.0in 1.25in 1.0in 1.25in; mso-header-margin:.5in; mso-footer-margin:.5in; mso-paper-source:0;} div.Section1 {page:Section1;} --> <!--[if gte mso 10]> Test owned Blackacre, a vacant one-acre tract of land in State. Five years ago, he executed a deed conveying Blackacre to "Church for the purpose of erecting a church building thereon." Three years ago, Test died leaving Sonny as his sole heir at law. His duly probated will left "all my Estate, both real and personal, to my friend Fanny." Church never constructed a church building on Blackacre and last month Church, for valid consideration, conveyed Blackacre to Developer. Developer brought an appropriate action to quiet title against Sonny, Fanny, and Church, and joined the appropriate state official. Such official asserted that a charitable trust was created which has not terminated. In such action, the court should find that title is now in
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	A.	Developer.
	B.	Sonny.
	C.	Fanny.
	D.	the state official.

Developer has Blackacre. At issue is whether TEST used Precatory Language or created a DEFEASIBLE FEE. DEFEAISBLE FEES are FSA Condition Subsequent and Fee Simple Determinable.

A FSA Condition Subsequent MUST EXPRESSLY state the right of reentry.

A FEE SIMPLE DETERMINABLE is created by using DURATIONAL LANGUAGE. (ex. "so long as" or "while")

PRECATORY LANGUAGE merely states a wish of the GRANTOR and does not terminate the estate.

TEST used Precatory Language in the deed because there was no durational langauge like "while" or "so long as" -- the deed stated "for the purpose." Further there is no expressly stated right of reentry. Therefore, TEST conveyed to CHURCH an FSA without limitation.

Developer has Blackarce because CHURCH conveyed its FSA to Developer.