106 N.J. Eq. 8 | N.J. Ct. of Ch. | 1930
Complainant, as vendor, seeks specific performance of a contract for the sale of real estate. Defendant, as vendee, resists performance on the ground that the title is unmarketable. The facts have been embodied in a written stipulation.
Complainant acquired title to the premises in the year 1901 by the following provisions of the joint will and codicil of Artemisia K. VanMeter and Martha J. VanMeter, of Salem, New Jersey: *9
"Where we live, house and land, to go to the Presbyterian Church of Salem, not to be sold, but for help in the future (for church and parsonage) as the town and church may need."
Complainant is a religious society organized under act of June 12th, 1797.
Complainant's contention is that this is a devise in fee with an attempted limitation upon the power of sale; that the right of alienation being an inherent and inseparable quality of an estate in fee-simple, in a devise of land in fee-simple a condition against all alienation is void, because repugnant to the estate devised. Potter v. Couch,
This contention overlooks the controlling circumstance that it is the rule against perpetuities which renders such a condition against all alienation void. But the rule against perpetuities, as applied to private trusts, does not apply to gifts to charitable uses. In neither of the three cases cited were the gifts to charitable uses. In the latter class of cases — gifts to charitable uses — the federal supreme court has determined that the rule defined in Potter v. Couch does not apply. SeePerin v. Carey, 24 How. 465, 495, and Jones v. Habersham,
Complainant's bill for specific performance may be dismissed; complainant's title is clearly unmarketable. *11