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3 U. Cin. L. Rev. 341 (1929)


There is no longer any such thing as a determinable interest in land in Ohio. The ordinary words appropriate to create a determinable interest in land are words indicating duration of time, e. g., "Until Gloversville shall be incorporated as a village". Although not made an issue by the parties, the supreme court's decision turned upon the legal effect of the following clause: "To have and to hold the premises aforesaid unto the said grantees and their successors so that neither the said grantor or his heirs nor any other person claiming title through or under him shall or will hereafter claim or demand any right or title to the premises or any part thereof; but they and everyone of them shall by these presents be excluded and forever barred so long as said lot is held and used for church purposes.” There would seem to be no escape from this unless the courts should be prepared to overrule themselves, or contrive some way of distinguishing the present case. This would appear to be very hard to do.



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