Pennsylvania Horticultural Society v. Craig

Citations

• 240 Pa. 137
• 87 A. 678
• 1913 Pa. LEXIS 643

Syllabus

<p>Trusts and trustees — Base or qualified fee — Restraint on alienation — Rule against perpetuities — Deeds—Construction of deeds— Lease.</p> <p>1. Where a deed is given by the owner of land to trustees for the use and benefit of a horticultural society “without any power on the part of the said society or the said trustees at any time to alienate or encumber the same,’’ and with reversion to the grantor or her heirs “if at any time the said society shall cease to use the said property as above mentioned or cease to exist,” the conditions annexed to the deed are valid and the grantees are bound by them; they are not void on the ground that they are a restraint upon alienation or violate the rule against perpetuities.</p> <p>2. In such a case where the grantor executes a second deed in which she recites the destruction of the society’s building by fire, and a request by the society to her to grant to the trustees the power to sell the property free from the trust, and to invest the proceeds for the use and benefit of the society, and then grants to the trustees free and discharged from all trusts, all her right, title and interest in the land, and by a subsequent and third deed in which she recites the two prior deeds, she restricts the scope of the grant in the second deed so as to require the trustees to reinvest the proceeds of the sale for the same trusts as were in the two former deeds set forth, and the trustees by accepting this last deed acquiesced in the restrictions of the former deeds, thus recited, they are bound by the intention so declared and such conveyance will not be construed to convey a fee simple estate to the society so as to give it a standing to demand an absolute conveyance from the trustees after the death of the grantor. The trustees are still to hold the property if they do not sell it, or the proceeds thereof if they do sell it, subject to the same trusts as were created by the original grant.</p> <p>3. In such a case where the first dee