Rule on the validity of restraint on alienation

Reference no: EM133681499

Question

The property shall never be leased, sold, bequeathed, devised or otherwise transferred, permanently or temporarily, to any person or entity that may be described as being part of the Yankee race. "Yankee" . . . shall mean any person or entity born or formed north of the Mason- Dixon line, or any person or entity who has lived or been located for a continuous period of one (1) year above said line. .. . The covenants and restrictions on this deed are necessary to ensure that the Yankees will never again own or control large tracts of land that rightfully belong in Southern hand and under Southern domination.

They are intended to prevent Yankee ownership of property stolen or conscripted after the great war of Northern aggression after 1865 by the Yankee carpetbaggers and scalawags. Delta Plantation will once again be available to you, my flesh and blood, and a true Southerner like myself to view, camp, hunt, fish, use, enjoy and share with other true Southerners as true Southerners are taught from birth. Should these restrictions be violated in any way, Delta Plantation shall revert back to me as grantor, or my true Southern heirs if I am no longer living. Henry Ingram, Deed Restrictions on Delta Plantation, 2016."

How would a Florida Court, using Aquarian Foundation, Inc. v. Shalom House as sole precedent, rule on the validity of this restraint on alienation?

Reference no: EM133681499

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