By her validly executed will, a testator devised a certain tract of land to her son for his life with remainder to such of his children as should be living at his death, "Provided, however, that no such child of [the son] shall mortgage or sell, or attempt to mortgage or sell his or her interest in the property prior to attaining 25 years of age: and, if any such child of [the son] shall violate this provision, then upon such violation his or her interest shall pass to and become the property of the remaining children of [the son] then living, share and share alike." The testator's will included an identical provision for each of her four other children concerning four other tracts of land. The residuary clause of the will gave the residuary estate to the testator's five children equally. The testator died and was survived by the five children named in her will and by eleven grandchildren. Several additional grandchildren have since been born. In an action for a declaration of rights, it was claimed that the attempted gifts to the testator's grandchildren were entirely void and that the interests following the life estates to the testator's children passed to the children absolutely by the residuary clause. Assuming that the action was properly brought with all necessary parties and with a guardian ad litem appointed to represent the interests of unborn and infant grandchildren, the decision should be that
even if the provisions against the sale or mortgage by the grandchildren are void, the remainders to the grandchildren are otherwise valid and given effect. Remainders held by grandchildren are a fee simple subject to an executory int. The exec int is held by the grandchildren who do not sell. This condition is void under RAP. Therefore the exec int is struck leaving the grandchildren with remainders as a fee simple absolute.