Kennewick Public Hospital District v. Have

¶1 —Albert M. Luth devised all of his real property in Benton County, Washington, to the Kennewick Public Hospital District (Hospital) in perpetuity so long as the property was not “transferred, incumbered or otherwise alienated from the purposes herein expressed and intended.” Clerk’s Papers (CP) at 198. The property was to go to Benton County (County) or the State of Washington if this direction was violated. That provision violates the rule against perpetuities and is therefore void. The question before us is whether the interest that remains is fee simple absolute (as the Hospital…