Reports of Cases Argued And Determined in the Supreme Court of the State of Vermont : Reported By the Judges of Said Court, Agreeably to a Statute Law of the State 19

Cover Reports of Cases Argued And Determined in the Supreme Court of the State of Vermont : Reported By the Judges of Said Court, Agreeably to a Statute Law of the State 19
Reports of Cases Argued And Determined in the Supreme Court of the State of Vermont : Reported By the Judges of Said Court, Agreeably to a Statute Law of the State 19
Vermont. Supreme Court
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We cannot sanction either altematiye.
That the conveyance must be regarded as subject to a condition, requiring the lessees to erect and maintain a school house, in which a school should be kept a reasonable portion of the time, is undoubt- edly true. That being done, the lease must be construed to vest in the lessees the use of the whole acre, for any purposes not inconsist* , ent with the main object of the lease. . There was not only no error in the instructions of the county court, which as
...sumed that an ap* propriation of the renCs of such portion for educational purposes would satisfy the requirements of the contract, but the case did not require evidence of such appropriation. There is nothing in the instrument indicating an intention in the lessor, that whatever ad- vantages might, at any time, incidentally result to the town in the shape of rents, or otherwise, should be treated as trust funds, pledged to the m«UA object. At the time, 1796, the town was new, with few inhabitants, no villages, with few school houses, and but slender op- portunities of acquiring the advantages of even a common school education, while on the other hand land was plenty and of little value.

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