Whitaker

On July 26, 1910, one Horace Whitaker executed a deed without money consideration to respondent herein of three hundred and twenty acres of forest land in Tulare County. The granting part was in the usual form of a deed absolute, but it was followed by this language: ‘1 This deed is expressly made subject to the following reservation hereinafter set forth, and upon the failure of said party to do and perform and carry out the purposes and intents for which the real property herein described is conveyed or in case of any violation of the reservations herein made, said property herein shall immediately revert to said party of the first part, his heirs, executors, administrators or assigns. Reservations: 1. Said party of the second part'shall have and hold said lands and premises in its present condition for forestry investigation and research connected with that branch of instruction as taught in the University of California, and that it be preserved and continued as a park and pleasure resort for the people of the state of California. 2. That no whisky or other intoxicating liquors shall ever be sold or dispensed on said premises. 3. That said land and premises shall be used as a…