Willard v. First Church of Christ, Scientist

Opinion

PETERS, J.

In this case we are called upon to decide whether a grantor may, in deeding real property to one person, effectively reserve an interest in the property to another. We hold that in this case such a reservation vests the interest in the third party.

Plaintiffs Donald E. and Jennie C. Willard filed an action to quiet title to a lot in Pacifica against the First Church of Christ, Scientist (the church). After a trial, judgment was entered quieting the Willards’ title. The church has appealed.

Genevieve McGuigan owned two abutting lots in Pacifica known as lots 19 and 20. There was…