Barr v. Weld
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Warren county. Ejectment by Henry Barr v. D. Weld, R. Clark, and others, for one acre and one hundred perches of land in the village of Sugar Grove. Both parties claimed under John Barr.
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ERROR to the Common Pleas of Warren county. Ejectment by Henry Barr v. D. Weld, R. Clark, and others, for one acre and one hundred perches of land in the village of Sugar Grove. Both parties claimed under John Barr. John Barr and wife, by deed dated 31st October, 1815, in consideration of one dollar, conveyed to Zalmon Burrett, R. B. Miller, and D. Brown, the ground in dispute, “ on behalf and in trust for the Utica School-House,” to them “ in trust as aforesaid for ever;” with a covenant of general warranty. A subscription was raised, and a school-house erected upon the premises. This…
1Opinion of the Court
The opinion of the Court was delivered, December 12, 1854, by
Lewis, J.
Where the intention is to dedicate property to charitable uses there is a difference, between a conveyance on condition, and a conveyance in trust. In the first case the grantor *87and those claiming under him may enter for condition broken. But in the last they cannot, and the proper remedy for an abuse of the trust is an application to the chancery powers of the Court for an appointment of new trustees, or the means of compelling those already appointed to execute the trust according to the intention of the donors. In…
2Cited by9 opinions
- Toner's EstateSupreme Court of Pennsylvania · 1918
- Abel v. Girard Trust Co.Supreme Court of Pennsylvania · 1950
- Boone Biblical College v. ForrestSupreme Court of Iowa · 1937
- Nauman v. WeidmanSupreme Court of Pennsylvania · 1897
- In re Sellers M. E. ChurchSupreme Court of Pennsylvania · 1891
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