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Property Law Keyed to Dukeminier
Paul Smith’s College of Arts & Sciences v. Roman Catholic Diocese of Ogdensburg
Citation:
130 N.Y.S.3d 547 (2020)Facts
In 1896, Apollos “Paul” Smith, president of the Paul Smith’s Hotel Company, executed a deed transferring property in Franklin County to the Bishop of Ogdensburg in trust for a Catholic congregation. The deed stipulated that the property was to be used “as and for Church purposes only” and that if used otherwise, “this conveyance shall be void and the parties of the first part shall have the right to re-enter and take possession.” St. Gabriel the Archangel Catholic Church was subsequently built on the property. After the death of Phelps Smith (the last surviving son of Apollos Smith) in 1937, his will directed the creation of Paul Smith’s College and the transfer of the Hotel Company’s assets to it, including a 1963 deed transferring “rights of way, easements, reversionary rights, and rights of reentry.” In 2015, the Bishop of Ogdensburg issued a decree relegating the property “to profane but not sordid use” and directed the removal of sacred objects. In 2017, the plaintiff placed no-trespassing signs on the property and commenced legal action to determine ownership.
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