Washington: Restraint on Alienation Violates Rule Against Perpetuities

The testator devised real property to a hospital with a proviso that the property is never to be transferred and if it is, the property is devised to the county of the testator’s residence or, in default, to the State of Washington.  The hospital brought a quiet title action.

The trial court found that the hospital had a fee simple absolute and the intermediate appellate court affirmed.  The court held that the restraint violated the Rule Against Perpetuities and that consequently the condition is eliminated leaving the hospital with a fee simple absolute.

Kennewick Public Hospital Dist. v. Hawe, 214 P.3d 163 (Wash. Ct. App. 2009).