Legal Opinion

Trustees' Petition

Pennsylvania Court of Common Pleas, Luzerne County

Decided January 22, 1929Published

1Opinion of the Court

Jones, J.,

The Wilkes-Barre Armory Association, a body corporate, on July 5, 1892, conveyed a tract of land on the westerly side of Main Street, in the City of Wilkes-Barre, upon which was erected the Wilkes-Barre Armory, to five trustees “in trust, nevertheless for the use, benefit and behoof of the military companies, organizations and headquarters, located in the City of Wilkes-Barre aforesaid, attached to the National Guard of the State of Pennsylvania and under the control of said State.” The deed contained the further provisions:

“In case of continued non-user of the property aforesaid,…

2Cases cited4 opinions

  1. Stafford's EstateSupreme Court of Pennsylvania · 1917
  2. In re Sellers M. E. ChurchSupreme Court of Pennsylvania · 1891
  3. Rabinowitz v. RosenSupreme Court of Pennsylvania · 1921
  4. Beaver Township School District v. BurdickSuperior Court of Pennsylvania · 1912

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