Trustees Of Calvary Presbyterian Church v. Putnam

162 N.E. 601 (1928)

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Nature of the Case

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Facts

George Palmer and Harriet his wife conveyed to P a parcel of realty. The deed contained several conditions one of which prescribes that the premises shall be perpetually maintained for religious purposes, and a covenant provides that upon the breach of any of the conditions the grantor or his heirs may re-enter and take possession, and thereupon plaintiff's estate shall cease and determine. George died two years after the execution of that deed and thirty-five years ago all his living heirs and next of kin, for a consideration, gave a quitclaim deed and covenanted with P that they would not at any time or in any manner enter upon or interfere with the enjoyment of the premises by P or its successors or assigns nor in any manner seek to enforce the covenants and conditions of the deed of 1862. In 1926 P brought this action against all the heirs then living. P sought a judgment declaring, among other things, whether any possibility of reverter exists as to Ds and whether they or any other Palmer heirs who may hereafter be born would have any interest in or claim upon the premises in the nature of a right of re-entry or otherwise. The court found for P that the 1893 deed also applied to those heirs not yet living at the time. D an heir not living at the time of the 1893 deed, appealed.