
    St. Paul’s Evangelical Lutheran Church v. Gray.
    
      Vendor and vendee—■Marketable title—Trust and trustees.
    
    Land was conveyed by a deed to a clergyman in trust “ for the sole use, benefit aud behoof of any Evangelical Lutheran Church and school which might be thereafter established.” It was also provided in the deed that on the establishment of said church and school the trustee, his heirs aud assigns, should convey the land to the Evangelical Lutheran Church or their trustees, or other legal representatives, and their successors. The trustee died without having made any conveyance of the laud, and his son was appointed successor in the trust. Subsequently the son obtained an order from the court of common pleas directing him to convey the land to an Evangelical Lutheran Church which had been established in the borough where the land was situated. In pursuance of the order the substituted trustee conveyed the laud to the church mentioned in the order. Subsequently the church was authorized by an order of court to sell the land. Held, that the church had a good marketable title to the land, and that the original grantors and their heirs or representatives had no interest in the land.
    Argued Oct. 31, 1900.
    Appeal, No. 165, Oct. T., 1900, by defendant, from judgment of C. P. No. 1, Allegheny Co., Sept. T., 1900, No. 436, on case stated in suit of St. Paul’s Evangelical Lutheran Church v. Earl P. Gray.
    Before McCollum, C. J., Mitchell, Fell, Brown, Mestrezat and Potter, JJ.
    Affirmed.
    Case stated to determine the marketable title to land which the plaintiff had agreed to sell to defendant.
    In addition to the facts stated in the opinion of the Supreme Court, it appeared from the ease stated that the plaintiff, the St. Paul’s Evangelical Lutheran Church, was established in the borough of Wilkinsburg where the land was situated. It also appeared that the plaintiff was authorized to make the sale to defendant by an order of the court of common pleas.
    The court entered judgment in favor of plaintiff for $8,200 to he satisfied by plaintiff accepting a deed for the land, and making payment of said sum.
    
      Error assigned was the judgment of the court.
    
      Thomas S. Brown, with him William Gr. Stewart, for appellant,
    cited: Burton’s App., 57 Pa. 220; Pickle v. McKissick, 21 Pa. 232; Kirk v. King, 3 Pa. 436; Martin v. McCord, 5 Watts, 493; Wright v. Linn, 9 Pa. 435; Holmes v. Woods, 168 Pa. 530 ; Mitchell v. Steinmetz, 97 Pa. 251; Nicol v. Carr, 35 Pa. 381; Swain v. Fidelity Ins. Co., 54 Pa. 455; Doebler’s App., 64 Pa. 9; Swayne v. Lyon, 67 Pa. 439; Ludwick v. Huntzinger, 5 W. & S. 54; Gumberger v. Clippinger, 5 W. & S. 311; Colwell v. Hamilton, 10 Watts, 413; Speakman v. Forepaugh, 44 Pa. 362.
    
      A. W. Buff, with him II E. Carmack, for appellee.—The
    deed is a fee simple deed and leaves absolutely no reversion in the grantors. It was not therefore necessary to make them parties to the application for an order to sell said lot of ground: Brendle v. German Reformed Congregation, 33 Pa. 415; McKissick v. Pickle, 16 Pa. 140; Griffiths v. Cope, 17 Pa. 96; Barr v. Weld, 24 Pa. 86; Petition of Sellers M. E. Church, 139 Pa. 67; United Presbyterian Church’s Petition, 166 Pa. 43.
    January 7, 1901:
   ' Peb Cttbiam,

This is a case stated to determine whether the plaintiff has a valid and marketable title to the land which Henry Reis and Robert Curling, by their deed dated July 14,1852, conveyed to Rev. William A. Passavant in trust “ for the sole use, benefit and behoof of any Evangelical Lutheran Church and school which might be thereafter established.” It was also provided therein that on the establishment of said church and school said Passavant his heirs and assigns should execute and deliver a deed of said land to the Evangelical Lutheran Church or their trustees or other legal representatives and their successors. Rev. William A. Passavant died on June 8, 1894, without having made any conveyance of said land. On January 23, 1897, his son William was appointed trustee by the court of common pleas No. 1, of Allegheny county, who on October 17, 1898, petitioned said court, inter alia, to make an order directing him to convey said land to St. Paul’s Evangelical Lutheran Church which is now the plaintiff in said suit. That the plaintiff was the proper party to receive the conveyance of the land from the trustee is undisputed, and that the title obtained by it was a marketable title admits of no question or doubt. We therefore dismiss the assignment of error and affirm the judgment entered by the court below.

Judgment affirmed.  