Legal Opinion

Trustees of Calvary Presbyterian Church v. Putnam

New York Court of Appeals

Decided July 19, 1928PublishedCited by 15 opinions

1Opinion of the CourtO’Brien, J.

Sixty-six years ago George Palmer and Harriet his wife conveyed to plaintiff a parcel of realty on Delaware avenue in Buffalo. In their deed several conditions were attached, 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. Mr. Palmer died two years after the execution of that deed and thirty-five years ago all his living heirs and next of kin, for a…

2Cases cited7 opinions

  1. Nicoll v. . the New-York and Erie Railroad Co.New York Court of Appeals · 1854
  2. Upington v. . CorriganNew York Court of Appeals · 1896
  3. Miller v. . EmansNew York Court of Appeals · 1859
  4. Vail v. . Long Island R.R. Co.New York Court of Appeals · 1887
  5. Fowler v. . CoatesNew York Court of Appeals · 1911

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3Cited by15 opinions

  1. In re the Estate of ShupackNew York Surrogate's Court · 1936
  2. University Mews Associates v. JeanmarieNew York Supreme Court · 1983
  3. Polette v. WilliamsSupreme Court of Missouri · 1970
  4. In re the Estate of SmallmanNew York Surrogate's Court · 1931
  5. Fausett v. GuisewhiteAppellate Division of the Supreme Court of the State of New York · 1962

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