Property Law Keyed to Singer
Cathedral of Incarnation in Diocese of Long Island v. Garden City Company
The heirs of a woman sold to the Cathedral of the Incarnation in the Diocese of Long Island, Inc. (Plaintiff) real property. The deed restricted Plaintiff’s right to convey the property and stated that the premises were not to be used for anything other than religious or educational purposes. Garden City Company (Defendants) received an interest in the remaining property of the heirs. Plaintiff eventually filed for bankruptcy and entered into contracts to sell the land deeded to them by the heirs. Defendant claims that restrictions in Plaintiff’s deed created either a condition subsequent or a conditional limitation, so Defendant could enter the property and assert ownership. Judgment for Plaintiffs.
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