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76-299 Reverter or rights of entry for breach of condition subsequent; not alienable or devisable.

NE Code § 76-299 (2019) (N/A)
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76-299. Reverter or rights of entry for breach of condition subsequent; not alienable or devisable.

Possibilities of reverter or rights of entry or reentry for breach of condition subsequent are hereby declared to be future interests and shall not be alienable or devisable; and no conveyance thereof made after May 15, 1959, shall operate in favor of the grantee or persons claiming under such grantee.

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This section does not purport to create a new estate nor to expand the existing law on the subject. This case reverses Cast v. National Bank of Commerce T. & S. Assn., 185 Neb. 358, 176 N.W.2d 29 (1970). Cast v. National Bank of Commerce T. & S. Assn., 186 Neb. 385, 183 N.W.2d 485 (1971).

After possibilities of reverter or right of entry or reentry for breach of condition subsequent created, they cannot be thereafter conveyed or devised and must terminate within thirty years. Cast v. National Bank of Commerce T. & S. Assn., 185 Neb. 358, 176 N.W.2d 29 (1970).

Constitutionality of act of which this section is a part raised but not decided. McArdle v. School Dist. of Omaha, 179 Neb. 122, 136 N.W.2d 422 (1965).

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