Delaware Land & Development Co. v. First & Central Presbyterian Church

Harrington, J.,

delivering the opinion of the court:

This is a bill for the specific performance of a contract made by the Presbyterian Church, the complainant below, appellee, for the sale of certain real estate to the appellant.

The bill filed raises three questions :

1. Is the Stedham deed of 1737 subject to a condition subsequent, if the property conveyed is no longer used for the purposes specified in it?.

2. If such deed is not subject to a condition subsequent, was the property conveyed stamped with a charitable trust for certain specified uses and purposes, clear of which it cannot be sold…