Trustees for the Baptist Church v. Laird
Court of Chancery of Delaware
Bill for Specific Performance. Joseph Stidham and wife, in 1784, conveyed to John Boggs, et al., a lot of land upon trust that it be used for the sole purpose of a Baptist meeting house to be erected, and for a burying place, with provision for the self-perpetuation of the trustees, the survivors to convey to the new coming trustees as joint owners in trust.
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Bill for Specific Performance. Joseph Stidham and wife, in 1784, conveyed to John Boggs, et al., a lot of land upon trust that it be used for the sole purpose of a Baptist meeting house to be erected, and for a burying place, with provision for the self-perpetuation of the trustees, the survivors to convey to the new coming trustees as joint owners in trust. Afterwards the church building was erected. ■ In 1810 the members of the church became incorporated under the general provisions of the laws of Delaware then in force as to religious bodies, and took the name of “Trustees for the Baptist…
1Opinion of the Court
The Chancellor.
The main objection to the title under the Stidham deed is that that deed was a conveyance upon condition that it be used only for the purposes of the church and that a sale was a breach of the condition which gave the heirs of Stidham a right to enter, though there was not in the deed such right of re-entry given. But such view is an incorrect one. No such right of re-entry will be presumed. On the contrary it was not a conveyance upon condition, but was one upon trust, and there is no express or implied restriction against the sale and conveyance of the land. Perry on Trusts,…
2Cases cited3 opinions
- Stanley v. ColtSupreme Court of the United States · 1867
- Sohier v. Trinity ChurchMassachusetts Supreme Judicial Court · 1871
- Clark v. Evangelical SocietyMassachusetts Supreme Judicial Court · 1858
3Cited by9 opinions
- Delaware Land & Development Co. v. First & Central Presbyterian ChurchSupreme Court of Delaware · 1929
- Chew v. First Presbyterian Church of Wilmington, Del., Inc.District Court, D. Delaware · 1916
- Wilkeson v. Rector, Wardens & Vestry of St. Luke's ParishWashington Supreme Court · 1934
- First Presbyterian Church v. BaileyCourt of Chancery of Delaware · 1916
- Anderson v. Mount Zion Cemetery Ass'nCourt of Chancery of Delaware · 1962
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