Commonwealth v. Masden

Opinion of the Court by

Judge Rees

Reversing.

The Isaac W. Bernheim Foundation, a Kentucky corporation, owns approximately 13,000 acres of land in Nelson and Bullitt counties. One of the purposes of the corporation, as set forth in its charter, is “to provide a sacred sanctuary for the non-destructive wild birds and wild life, in order that their extinction may be prevented.” On September 4, 1930, the Kentucky Game and Fish Commission entered into a contract with the Bernheim Foundation by the terms of which it agreed to stock the land owned by the Foundation with deer, wild turkeys and other…