(Download) "Richard S. Duncan v. Academy Sisters" by Supreme Court of Missouri * Book PDF Kindle ePub Free
eBook details
- Title: Richard S. Duncan v. Academy Sisters
- Author : Supreme Court of Missouri
- Release Date : January 13, 1961
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Appellants brought an action in the trial court for a judgment declaring that certain real estate in the City of St. Joseph
had reverted or should revert to them by reason of a deed provision and, in the alternative, praying for injunctive relief.
The trial court sustained defendant's motion to dismiss and plaintiffs have appealed from the ensuing judgment. Plaintiffs averred that they were all the living bodily heirs of Frederick and Jane Smith, who were the grantors in a deed
dated January 20, 1854, which, for a consideration of $630, conveyed three acres and 26 poles of land to Ann Shannon, a Catholic
nun, upon this condition: "Provided however and these presents are upon this express condition that she the said Ann Shannon
shall hold said land for the sole use and benefit of the order of the sisters of the Sacred Heart of the City of St. Joseph
in the County and State aforesaid and for no other use or purpose whatever." Plaintiffs alleged further that Ann Shannon had
purchased the property as trustee for the defendant, respondent here, The Academy of the Sisters of the Sacred Heart of St.
Joseph, Missouri, a corporation, which became the owner of said property and that Ann Shannon was one of the incorporators;
that thereafter defendant constructed a school for girls known as the Convent of the Sacred Heart on the land in question
and had continuously to date operated such school thereon; that at the time of the filing of the petition defendant was negotiating
with purchasers or lessees for the purpose of selling or leasing said premises, and that defendant had consummated plans to
build a new girls school at another location and intended "in the meantime to turn the aforesaid premises over to another
Order of Catholic Sisters, and has threatened to do, or has done, the above and other acts in violation of said express condition
in the aforesaid deed * * *."
 "Richard S. Duncan v. Academy Sisters" by Supreme Court of Missouri * Book PDF Kindle ePub Free){kind=link}