Question

A philanthropist conveyed a residence that he owned to a local charity for use as a homeless shelter. The deed stated that the parcel was transferred "in fee simple so long as the residence is used as a homeless shelter." After using the residence as a homeless shelter for twenty-two years, the charity recently closed the shelter and put the building up for sale. The philanthropist sought to prevent the sale of the residence. The jurisdiction has retained the common-law Rule Against Perpetuities and imposes a 20-year period for adverse possession. May the philanthropist stop the sale of the residence?Answers:A. Yes, because the doctrine of cy pres does not apply.B. Yes, because the philanthropist is the owner of the residence.C. No, because the charity owns the residence by adverse possession.D. No, because the philanthropist's reversionary interest violates the Rule Against Perpetuities.

Answer 1

B. Yes, because the philanthropist is the owner of the residence.