Henderson v. Hunter
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county: No. 29, to October and November Term 1868. This was an action of trespass q. c. f. brought to July Term 1867, by John Henderson, John Nixon, James Carson and Clark McKelyy, trustees of the Springdale Methodist Episcopal Church against John Hunter and others. The trespass alleged was the tearing down and taking away the church" building at Springdale.
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Error to the District Court of Allegheny county: No. 29, to October and November Term 1868. This was an action of trespass q. c. f. brought to July Term 1867, by John Henderson, John Nixon, James Carson and Clark McKelyy, trustees of the Springdale Methodist Episcopal Church against John Hunter and others. The trespass alleged was the tearing down and taking away the church" building at Springdale. The plaintiffs gave in evidence a deed dated May 6th 1856, between Thomas Pillow and wife and the plaintiffs, “trustees,” &c., by which the grantors granted, &c., to the plaintiffs “ and their…
1Opinion of the Court
The opinion of the court was delivered, January 4th 1869, by
Agnew, J.
This was an action of trespass by church trustees. *340under a deed of trust made by Thomas Pillow in 1836, for talcing down, and removing the materials of a church building in 1867. The case turns on the limitation in the deed. The legal estate of the trustees clearly has no duration beyond the use it was intended to protect. The word “successors” is used to perpetuate the estate, but as the trustees are an unincorporated body having no legal succession, there is nothing in the terms of the grant to carry the trust beyond its…
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