North Hampton School District v. North Hampton Congregational Society

The main issue to be decided is the nature of the estate held by the plaintiff by virtue of the above deed. The defendant maintains that the proviso “so long as said lot shall be used as a lot for a school house lot as aforesaid” applies to the grant with the result that plaintiff acquired a determinable or qualified fee. The plaintiff on the other hand contends that said proviso applies only to the covenant of warranty and that consequently it acquired by said deed a fee simple, the proviso at most impressing &■ trust thereon, the purpose of which is set out by it.

In proceeding to construe…