## Facts

- In 1862, George Palmer and his wife conveyed land to the Trustees of Calvary Presbyterian Church, on the express condition that it be “perpetually maintained for religious purposes.”
- The 1862 deed provided that upon breach, “the grantor or his heirs may re-enter and take possession,” ending the church’s estate (a fee subject to a condition subsequent with a right of entry in Palmer and his heirs).
- Palmer died about 1864.
- In 1893, all of Palmer’s then-living heirs and next of kin, for consideration, executed a quitclaim deed to the church and covenanted not to enter upon, interfere with, or seek to enforce the 1862 conditions.
- In 1926, the church sued to quiet title and to obtain a declaration that no right of reentry or similar interest remained in any of Palmer’s heirs, including heirs born after 1893.
- Putnam, an heir born after 1893, argued he was not bound by the 1893 quitclaim and covenants.

## Issues

1. Whether a quitclaim deed and non-enforcement covenants executed by all then-living heirs extinguish the right of entry so that later-born heirs cannot assert any interest based on the 1862 condition.
2. Whether the 1862 deed should be construed to preserve a continuing condition subsequent enforceable by after-born heirs despite the 1893 release.
3. Whether declaratory relief may be granted to clear title against claims by heirs not in being at the time of the release.

## Decision

- The Court of Appeals affirmed judgment for the church.
- The court held that the 1893 quitclaim and covenants by all then-living heirs extinguished any enforceable right of entry, leaving nothing for later-born heirs to claim.
- The court declined to read the 1862 deed to perpetuate a condition subsequent for the benefit of after-born heirs in the face of a complete release by existing holders.
- Declaratory relief was proper to determine that no present or future heir held an enforceable interest that clouded the church’s title.

## Legal Principles

- Conditions subsequent and forfeiture provisions are disfavored and are strictly construed; clear language is required to create or preserve them.
- A right of entry held by persons presently entitled to it may be released or conveyed; once fully released by all existing holders, it cannot later be asserted by heirs born after the release.
- After-born heirs take only what their predecessors in interest possessed and could transmit; they cannot revive an interest already extinguished.
- Courts may grant declaratory relief to quiet title where conditional or contingent future interests create a cloud on marketability.

## Conclusion

Because all persons then entitled to enforce the deed condition released and covenanted not to enforce any right of reentry in 1893, no enforceable interest remained for later-born heirs, and a declaratory judgment properly cleared the church’s title.


Trs. of Calvary Presbyterian Church v. Putnam, 249 N.Y. 111, 162 N.E. 601 (N.Y. 1928)