Trustees of Calvary Presbyterian Church v. Putnam
New York Court of Appeals
162 N.E. 601 (1928)
Relevant factsFree
Palmer's 1862 deed conveyed church property (plaintiff) subject to a condition of religious use with a right of reentry for Palmer and his heirs upon breach; his living heirs settled in 1893, agreeing not to interfere with the trustees' possession or enforce reentry rights, and Putnam (defendant), an heir born after that 1893 agreement, argued it did not bind him.
IssueFree
Whether living heirs with reversionary interests in property may, prior to a breach of a condition subsequent, waive their own possible rights and foreclose those of unborn heirs.