Kentucky State Park Commission v. Wilder

Opinion op the Court by

Creal, .Commissioner

Reversing.

On January 29, 1931, the Cumberland River Power Company, a corporation, conveyed to the commonwealth of Kentucky, for the use and benefit of the Kentucky State Park Commission, hereinafter called the park commission, a boundary of nearly 600 acres of land in Whitley and McCreary counties made up of five different tracts and known as the Cumberland Palls property. The deed contained a stipulation which, so far as pertinent, reads:

“Provided that this conveyance is made upon the express condition that Cumberland Palls shall be preserved in its…