Fairfax County Park Authority v. Brundage

This controversy between the Fairfax County Park Authority and the Wisconsin Alumni Research Foundation concerns valuable *623property devised under Item VII of the .will of Maurice J. Leven. By the first paragraph of Item VII, Leven devised this property to the Fairfax Authority in fee simple upon the condition (among others) that “said property be used, in its entirety, exclusively as an arboretum and nature preserve”. By the third paragraph of Item VII, he made an alternate devise of the property to the Research Foundation in the event (among others) that “any part thereof shall be taken by…