St. Francis Asylum v. Van Namee

Charles B. Wheeler,

Official Refereé. The evidence shows that the property in question, consisting of some fourteen acres of land located in the town of Bllicott, Chautauqua county, N. Y., was deeded to the plaintiff by the Rev. Richard Coyle. The deed contained a provision “ that the property will be used in perpetuity as a charitable institution.”

The plaintiff is an incorporated charitable association having its principal home or place of business in the city of Buffalo, caring for the aged and infirm, another one at Gardenville, one at Williams-ville and a hospital at Niagara Falls.

The…