Aiello v. Simeone

The Chancellor.

The parties not requesting to be heard in oral argument, I directed that they submit briefs. The complainant has submitted a brief, but the defendant has not. He does not desire to do so.

The case of Trustees of Baptist Church v. Laird, 10 Del. Ch. 118, 85 Atl. 1082, controls this one. Indeed the facts in the pending cause present a stronger case for the complainant than do those in the cited one. Here the property, in the event it ceased to be used for a regular Baptist Church, was to go to the Delaware Baptist Union “for the benefit of the Baptist Denomination.” There was no…