Ryan v. Porter

Citations

• 61 Tex. 106
• 1884 Tex. LEXIS 55

Syllabus

<p>, 1. Trusts and trustees.— A conveyance of land to trustees was made upon the following express trusts: “ 1. That they shall erect upon said premises a dwelling-house and fixtures for the use of married itinerant preachers of the Methodist Episcopal Church South, who may from time to time be stationed on the circuit which includes the premises. 2. That such trustees shall at all times permit such married 'itinerant preachers to occupy said premises during the term of their appointment. 3. That trustees shall be appointed in the manner provided in this deed. 4. That money for carrying- out the trust, for which the trustees may become responsible, and have been obliged to pay, may be raised by a mortgage on the premises, or by a sale of the premises if such debt is not paid within one year after notice to the preacher in charge of the circuit.” Held:</p> <p>(1) Art. 551, Eevised Statutes, has reference to the quantity and not to the quality of the estate granted.</p> <p>(2) Courts, either of law or equity, will adopt any reasonable construction consistent with the terms of an instrument that will defeat the springing of an implied condition subsequent,in a grant.</p> <p>(3) The conveyance to the trustees was not made on a condition subsequent, a failure to comply with which would work a forfeiture of the land.</p> <p>(4) The grantor divested himself of title to the property unconditionally, and vested the fee in the trustees for the benefit of the Methodist Church South, limiting the use of the property to the class of preachers named.</p> <p>(5) If the particular property should be at any time no longer available for the purposes of the trust, a- court of equity would have power to direct its sale, and the investment of the proceeds in such manner as to give effect to the general object of the trust.</p> <p>(6) The power of sale conferred on trustees must be strictly pursued or no title will pass.</p>