Stuart v. City of Easton

This case involves an ejectment action by William Dugald Stuart, heir of Pennsylvania proprietaries Thomas and Richard Penn, against the City of Easton and Northampton County. In 1764, the Penns granted an 80-foot square lot in Easton to trustees 'in trust, nevertheless, to and for the erecting thereon a courthouse for the public use and service of the said county, and to and for no other use, intent, or purpose whatsoever.' A courthouse was built and used until 1862, then removed. Stuart claimed the grant created a conditional estate that reverted to the grantors' heirs upon nonuser. The trial court instructed a verdict for defendants. On appeal, the Circuit Court of Appeals held: (1) the grant created a fee simple estate with a charitable trust, not a conditional estate; (2) the use for a courthouse for public service is a charitable use; and (3) without an express provision for forfeiture or reverter, no right of re-entry exists for nonuser. The judgment for defendants was affirmed.

Heir of original grantors brought an ejectment action against a city and county, claiming a conditional estate in a lot granted in trust for a courthouse reverted due to nonuse after the structure was removed. The courts held the grant created a fee simple estate subject to a charitable trust for public courthouse use, with no right of re-entry absent an express forfeiture provision. The judgment for defendants was affirmed on appeal.

• Grant used apt words to pass fee simple estate
• Trust language defined relationship between grantees and beneficiaries
• No express condition for forfeiture or reverter
• Grant for courthouse for public use is charitable use
• Charitable use cannot be defeated by nonuser without express condition
• Plaintiff without title to maintain ejectment

• Whether the grant created a conditional estate determinable on nonuser
• Whether the grant was for a charitable use