Burrows v. Madison Park & Pleasure Drive Ass'n

Plaintiff’s counsel claim that the eighth provision of the will above set forth constitutes a condition subsequent and that the Association failed to maintain said tract for park purposes, as was designed by the testator, and that such failure constituted a breach of the condition subsequent, and that the tract thereupon reverted to the heirs at law of the deceased. Assuming that the provision of the will referred to creates a condition subsequent, was such condition breached ?

Conditions subsequent are most strongly construed against the grantor, and a forfeiture will not be enforced unless…