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FAUSETT v. GUISEWHITE

16 A.D.2d 82 (1962)

Anna S. Fausett, Appellant, v. Lena Guisewhite, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 13, 1962.

Attorney(s) appearing for the Case

James L. Burke for appellant.

Garey & Keyser (Walter C. Garey of counsel), for respondent.

COON, HERLIHY, REYNOLDS and TAYLOR, JJ., concur.

BERGAN, P. J.

Almost a century ago Thomas S. Frost and his wife Lydia conveyed by deed to the trustees of School District No. 9 of the Town of Catlin in what is now Chemung County "a small lot out of the farm" which they then owned.

The deed provided that it "is made and accepted subject to the following conditions and reservations viz: * * * and whenever the property hereby conveyed shall cease to be...

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