Kraft v. City of Red Bluff In 1908 and 1916 Mrs. Elizabeth Kraft and her son Edward Kraft granted and conveyed to the City of Red Bluff, CA two adjoining properties with buildings. The conveyance to the city required that the buildings must be continuously used as a public library. The conveyance further stated that if the buildings were ever used by the city for a purpose other than a public library, the buildings would return to the Kraft family.

In 1986, the City of Red Bluff decided that the buildings were too small for its current needs as a public library. They then moved all of the books to a larger building nearby.

The City continued to use the buildings conveyed by the Krafts for other public civic purposes, such as town meetings, social gatherings and school tutoring. Herbert Kraft Walton, a descendant and heir of Elizabeth Kraft sued the City of Red Bluff to have the buildings reconveyed to him.

What type of freehold estate did the City of Red Bluff have with respect to the buildings? Is Herbert Kraft Walton entitled as a matter of law to have the buildings reconveyed to him? Use the concepts discussed in class to Explain and support your answer.

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1 The type of freehold estate in this case is fee simpl... View the full answer