Babb v. Rand

Alma Rand's will left property to her son John Rand in fee simple, on the condition that John never deny her other children access to the property during their lifetimes. Muriel Babb (plaintiff) later acquired John's interest. Redford Rand (defendant), Alma's only surviving other child with a remaining interest, sought to enforce his right of access. The probate court and, on appeal, the trial judge both found John (and thus Babb) took the property in fee simple absolute, treating the proviso as void because it conflicted with the fee simple. Redford appealed to the state supreme court.