Holding: The daughter has no interest in the land, her remainder reverts to the grantor
unless there is specific evidence suggesting otherwise.
Rationale:
– the direction to the trustee is the superfluous expression of a duty imposed by law.
“where an express trust is created, every legal estate and interest not embraced in
the trust , and not otherwise disposed of, shall remain in or revert to the person
creating the trust or his heirs. What is left is not a remainder, but a reversion. A
man neither by conveyance or common law, make his right heir a purchaser.
– Though England has abolished the doctrine of worthier title, in the absence of a
modifying statute, the rule persists to this day in the US, at least as a rule of
construction, and not one of property. It is not being said that the ancient rule
survives as an absolute prohibition limiting the power of the grantor, but unless
there is specific evidence to suggest otherwise, the ancient rule remains of
reversion rather than remainder will stand unless clearly expressed the intention to
make the interest a remainder rather than a reversion