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FAIRFAX COUNTY PARK AUTHORITY v. BRUNDAGE

159 S.E.2d 831 (1968)

208 Va. 622

FAIRFAX COUNTY PARK AUTHORITY v. Dean E. BRUNDAGE, Exec., etc., et al.

Supreme Court of Appeals of Virginia.

March 4, 1968.

Attorney(s) appearing for the Case

Henry C. Mackall, Fairfax (Mackall & Mackall, Fairfax, on brief), for appellant.

William C Bauknight, Fairfax (Stanley M. Franklin, Fairfax, Frank A. Ross, Madison, Wis., Bauknight, Prichard, McCandlish & Williams, Fairfax, Ross, Stevens, Pick and Spohn, Madison, Wis., on brief), for appellees.

Before EGGLESTON, C. J., and BUCHANAN, SNEAD, I'ANSON, CARRICO, GORDON, and HARRISON, JJ.

GORDON, Justice.

This controversy between the Fairfax County Park Authority and the Wisconsin Alumni Research Foundation concerns valuable property devised under Item VII of the will of Maurice J. Leven. By the first paragraph of Item VII, Leven devised this property to the Fairfax Authority in fee simple upon the condition (among others) that "said property be used, in its entirety, exclusively as an arboretum and nature preserve". By the third paragraph of Item...

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