Hanby v. Bailey

Citations

• 51 Pa. Super. 244
• 1912 Pa. Super. LEXIS 210

Syllabus

<p>Deed — Estate wpon condition — Bight to the reversion — Devise—Will.</p> <p>1. Where a person purchases ninety-three acres of land at a sheriff’s sale and five years thereafter conveys by deed one acre and sixteen perches thereof to trustees for the use of a religious society “for a place to hold their religious meetings and for a burying ground to bury their dead,” with a proviso that if it shall cease to be so used the premises shall revert into the estate of the grantor, and forty years thereafter the grantor dies leaving a will by which he devises to his son the large tract “with the appurtenances which I purchased at sheriff’s sale,” the son takes no interest in the small lot conveyed in trust, and if such lot ceases to be used for religious purposes, the successors in title to the larger lot claiming under the son have no right to claim any interest in the smaller lot.</p> <p>2. In such a case whether the estate in the small lot was a base fee or an estate upon condition, the only persons entitled to an interest in it, when it ceased to be used for religious purposes, were the heirs at law of the grantor.</p> <p>3. It seems that the estate in the small lot created by the deed was an estate on condition. ' '</p> <p>4. The right of re-entry on the smaller lot as for condition broken, was not a right appurtenant to the larger track within the meaning of the devise.</p>