Catron v. Scarritt Collegiate Institute

OPINION.

I

BOND, J.

(After stating tbe facts as above.) — Tbe interpretation of tbe deed copied in tbe statement is tbe first question for review. It is insisted by appellants that tbe terms of that instrument did not create an estate upon condition subsequent, and hence tbe grantors — tbe Halls — and a fortiori, tbeir assignees, have no right of re-entry.

It is also urged by appellants that tbe terms of tbe deed created an irrevocable public charity for educational purposes, which could not be diverted to tbe building, of a denominational cburcb, therefore it cannot be awarded to tbe trustees of…