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HOWSON v. CROMBIE STREET CONGREGATIONAL CHURCH

412 Mass. 526 (1992)

590 N.E.2d 687

HUBERT F. HOWSON & another vs. CROMBIE STREET CONGREGATIONAL CHURCH.

Supreme Judicial Court of Massachusetts, Suffolk.

April 24, 1992.

Attorney(s) appearing for the Case

Earle H. Smith for the defendant.

John A. Howson of New York, & David B. Crosby for the plaintiffs.

Present: LIACOS, C.J., WILKINS, NOLAN, LYNCH, & O'CONNOR, JJ.

NOLAN, J.

We are asked in this appeal to decide the effect of a conveyance of a fee simple on condition subsequent and the reservation of a right of entry. The defendant (church) appeals from a declaratory judgment of the Land Court concluding that the "plaintiffs hold the Premises now known as and numbered 9 Crombie Street, Salem, free of any interest of the defendant." We granted the defendant's application for direct...

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