Walton

In 1908 and 1916 respectively, Mrs. Elizabeth Kraft and her son, Edward Kraft, granted to the City of Red Bluff certain properties to be used as a library. In 1986, the books were removed from the library building. Herbert Kraft Walton, a descendant and heir of the donors, filed suit seeking reconveyance of the property to him pursuant to the original grants which provided for reversion to the grantors or their heirs if the property ceased to be used for library purposes.

Red Bluff cross-complained, contending it owned the land free of any use restrictions. The trial court mled the transfer was not in trust but on condition, that the condition was not triggered by temporary abandonment by Red Bluff and the condition was still valid. The trial court found the land could be used for a library or certain related purposes.

On appeal Walton urges the land was transferred by a trust instmment and, as the trust terms were violated, the land reverts to him as the successor of the settlor. On cross-appeal Red Bluff urges the land was transferred in fee simple on condition subsequent, but the passage of time has nullified the purpose of the condition and it should be declared the…