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Babb v. Rand, 345 A.2d 496 (1975)

When people die, it’s not always simple to figure out their intentions from the language in their wills. In the 1975 Maine case of Babb versus Rand, we examine the state supreme court’s treatment of one such scenario.

When Alma Rand died in 1932, she was survived by two children and three stepchildren. John Rand was one of the surviving stepchildren. In Alma’s will, she left some vacation property to John, quote, “in fee simple with the proviso that he shall never deny access or occupation to the several heirs hereinafter named during their lifetime,” unquote. Redford Rand II was one of those named heirs.

John later passed, and his will left his property interest to his daughter, who later conveyed it to Muriel Babb. All of Alma’s surviving heirs except Redford gave Babb release deeds, which waived their claims to any rights or interest in the property.

Babb brought suit in probate court to determine her and Redford’s legal interests in the property. The probate court determined that John was given a fee-simple absolute interest in the property and that Redford had no interest in the property. Redford appealed. The appellate court determined that Alma’s will devised to John a fee-simple absolute estate and that the proviso ran contrary to this interest and was thus null and void. Redford again appealed, asserting he retained various interests in the property, including a reversionary interest.

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