82 Mass. 309 | Mass. | 1860
The plaintiff seeks to maintain trespass in this case, on the ground that the title to the close is in him, and,
In support of this title he relies on the deed to him from Samuel Guild of February 3d 1853. It appears that the premises originally belonged in fee to said Samuel Guild, and that he conveyed them, by a deed bearing date September 25th 1839, to Harrison Holmes. The plaintiff contends that this deed was upon a condition subsequent; that this condition, long prior to the conveyance to him by Samuel'Guild, was broken by the grantees or their assigns; and that thereby the estate reverted to, and was revested in, the original grantor, by whom the condition was created, and was duly conveyed to him by the deed of Samuel Guild first above mentioned. Assuming that the first grant of the estate by Guild was on a condition subsequent, which has been broken, we think it very clear that the deed under which the plaintiff claims the estate is invalid, because Samuel Guild, his grantor, had never entered for a breach of the condition contained in the original deed from him to Holmes, and had no title which he could convey at the time of his grant to the plaintiff.
It is of the essence of an estate on condition, that the right to enter for a breach of the condition is reserved to the grantor and his heirs. It cannot be reserved to strangers. If on the breach of the condition the estate is by the original terms of the conveyance granted over to a third person, it creates an estate upon a conditional limitation and not on a condition. Brattle Square Church v. Grant, 3 Gray, 146-149. An estate on condition is not absolutely terminated by a breach. The law permits it to continue until an entry or claim by the grantor or his heirs. All that remains in the grantor of an estate on condition is a right of entry for breach, which is somtimes called a possibility of reverter. This right or possibility, although it "may be released to the person holding the conditional estate, so ‘ as to vest the absolute title in him, cannot be con
Exceptions sustained.
Upon a second trial in the superior court at September term 1860, before Wilkinson, J., the plaintiff introduced evidence tending to prove that the church and society mentioned in the deed of 1839 from Guild to Holmes was a new and independent church and society, having no connection with any conference of the Methodist Episcopal Church or any bishop thereof; that some Methodist societies called themselves Episcopal, though not properly such; that no persons or body of persons are members of the Methodist Episcopal Church, unless as a body or as a church connected with the annual conference and that with the general conference; and that Guild himself was never a member of that church, but of the Baptist Church.
The plaintiff offered further testimony, tending to prove that the minister sent by the bishop, immediately upon arriving at
The plaintiff also offered evidence tending to show that “ very soon after the appointment of the trustees, an interview took place between Holmes and Guild, the grantor, in which Guild said to Holmes that the conditions of his deed had been broken by joining the conference and receiving a preacher from them, and that the land reverted back to him; that he gave the land, not that there might be a minister from the conference, but he wanted a free church ; that Holmes applied to Guild for a new deed without any condition, and that Guild said he would not give a new deed, and that he had given all the deed he should give.”
The plaintiff contended that by the disbanding of the church and society, and the use of the meeting house for a public hall for lectures and dancing, the abandonment of the house altogether as a place of religious worship, and the final removal of the same from the premises, no other place of worship having since been erected there, constituted a breach of the conditions in the deed, sufficient to entitle Guild to enter and revest himself of his former estate. But the judge ruled otherwise.
The plaintiff contended that the application of the church or society to the conference for a preacher, the appointment of a preacher, and the sending of the preacher to the society or church to preach in that church, his preaching there, and appointment of the seven trustees, the conveyance by Holmes to those trustees, and the subsequent conveyances, and the power which exists to supply the pulpit in the meeting-house, and
The plaintiff alleged exceptions, which were argued at the present term by the same counsel.
There can be no doubt as to the intent of the grantor in the original deed, by which the estate in controversy was conveyed in trust for the use and benefit of the Methodist Church and Society in North Attleborough. His leading purpose was to secure the premises, so that they should always remain subject to the control and direction of the antislavery members of that church, who were favorable to the immediate abolition of slavery in the United States. To carry out this purpose, the conveyance is expressly made upon certain “ conditions and restrictions; ” and these words are inserted not only in the granting part of the deed, but also in the habendum. To language so direct and explicit, it is impossible to give any interpretation other than that which results from the plain and obvious meaning of the words. While it is true that conditions subsequent are not favored in law, and words of doubtful meaning are so construed as to create an absolute estate, nevertheless this rule of interpretation has no application where the intent of the grantor is manifest, and is expressed in apt and unequivocal terms. We know of no case where land has been granted for a special use, and the grant expressly made subject to the condition that it should be appropriated and used for the designated purpose, in which it has been held that such a conveyance vests in the grantee any greater interest than an estate on condition. The words sub conditione are the precise and technical terms by which an estate on condition is created, and there must be some very strong language in a grant to control and overcome the force and effect of these words. In such cases, to use the quaint language of the books, “ without any more saying, the feoffee hath an estate upon condition.” In the deed under which the defendant claims title to the premises in controversy, there is
It was urged, on behalf of the defendant, that the grant having been made on certain “ conditions and restrictions,” the word “ conditions ” is not to have its usual interpretation, but is to be construed as being nearly synonymous with the word with which it is connected, and as meaning regulations or directions only. But the rule that the coupling of words together indicates that they are to be understood in the same sense cannot be properly applied to the construction of an instrument, so as to make a word of an uncertain and indefinite meaning, used inartificially as applied to the subject matter, control the legal interpretation of a word which is apt and technical, and has a well understood and settled signification in the law. The more reasonable application of the rule is that the technical word should control a word of an unsettled meaning, if force and effect cannot be properly given to both.
The only other question raised at the trial was as to the sufficiency of the evidence offered by the plaintiff to prove a breach of the condition. Upon this point we can entertain no doubt. One of the conditions distinctly expressed in the deed is, “ that in no case is the general conference of the Methodist Episcopal Church to have any right in said premises and building or take any control or direction of the same.” This condition was doubtless framed with reference to the established and recognized rules and discipline of the Methodist Episcopal Church in the United States, which were proved at the trial; and was intended to prevent the estate granted from being under the control and direction of a board of trustees appointed by the preacher, who, according to such rules and discipline, might be designated and sent to the church or society by the bishop. In this way, the grantor sought to sub-serve his main purpose of keeping the disposition and control of the estate in the' hands of the antislavery members of the
Exceptions sustained.
A third trial was had in the superior court at September term 1861, before Rockwell, J., who allowed a bill of exceptions, setting forth the introduction of substantially the same evidence as at the former trials, and the material parts of the rest of which were as follows :
It was admitted by the plaintiff “ that there never had been any members of said church in North Attleborough, except such as were embraced with the feelings and opinions of the Antislavery Society, and were antislavery in sentiment; ” and “ that any condition to defeat the deed upon any such ground merely as that members of this church were other than antislavery should be considered as stricken from the deed, as if the same had never existed.”
The defendant contended that there was one condition only in the deed of Guild to Holmes, namely, “ that in no case is the general conference of the Methodist Episcopal Church to have any right in said premises and building or take any control or direction of the same; ” and conceded that it was proved that the church and society had applied to the conference for a preacher, and had received the preacher appointed by the bishop at the conference, and had connected themselves with the general conference and thereby subjected themselves to the discipline and rules of the conference; and that upon the conveyance by Holmes in 1840 to the trustees appointed by such preacher, there was a breach of the condition, so that Guild might then have re-entered and revested himself as of his former estate, had he seen fit to do so; but contended
The plaintiff contended that there was a second condition in the deed, namely, that the premises “ shall be and remain forever under the control and direction of such members of said church as are embraced with the feelings and opinions of the Antislavery Society for the immediate abolition of slavery in the United States,” and that this was broken after the defendant went into the occupation of the meeting house in 1848; and that if there was a waiver of the breach of the first condition, yet, upon a subsequent breach of the second condition, Guild, by making proper entry thereon, might revest himself of his former estate in the land. And the judge so held; and ruled that if there was a time that the house and land did not remain under the control of the antislavery members of the church, “ and if the church standing on said land was used for lectures, concerts, shows, dancing parties, and for other public assemblies, and not for the purpose of religious meetings during the occupation of the defendant as lessee in 1848, and as purchaser in 1849, and afterwards, then there was a breach of such second or other condition; ” and, against the defendant’s objection, admitted evidence to prove this.
The jury returned a verdict for the plaintiff, and the defendant alleged exceptions, which were argued by the same counsel at October term 1861.
The trial of this case seems to have proceeded on a misconception of the effect of the evidence, which was offered to show that the religious society had formed a connection with the conference of the Methodist Episcopal
Exceptions sustained.