-P claimed that a grant of land to the Comm. of Freemont County (D) was subject to a condition subsequent that the land be used as a hospital.
- Rule: A grant of fee simple determinable must clearly state that the estate will terminate if not used in accordance with the grant.
- There is a presumption against forfeitures in the law, thus, any grant purporting to cause such a forfeiture will be strictly construed against the grantor absent clear intent otherwise. Although the grantor’s intent, if realizable, typically prevails, ambiguous grants give rise to public policy considerations—in the above case, the free alienability of property.