Edward Douglass White

“ The provision following the authorization to acquire the land, 'and thereon to erect and build a court house and prison,' was no more than a direction to the trustees as to the mode of use to be made of the land after it had been purchased. ”

“ No restraint was imposed on an alienation of the land. No construction of a reservoir, nor any work on the ground, was required to precede the right to demand a deed. No clause provided for a forfeiture or termination of the estate in case the land ceased to be used as a reservoir. ”

“ St. 500) ; as also a grant to county commissioners and their successors in office of a tract of land with a brick court house thereon erected, 'in trust for the use of said county, in fee simple,' the statute under which the purchase was made authorizing the acquisition of the property for the purpose of a court house, jail, and offices for the safe-keeping of the records (Seebold v. Shitler, 34 Pa. St. 133) . Similarly a devise of land to a religious body in fee, 'there to build a meeting house upon,' etc., was held to pass an unqualified estate (Griffitts v. Cope, 17 Pa. St. 96) ”

“ The patent expressly purports to convey the fee, the reservation of an annual quitrent of a red rose being merely a feudal acknowledgment of tenure (Marshall v. Conrad, 5 Call, 364, 398) , which was in effect annulled by the Revolution and acts of the assembly of Pennsylvania subsequently passed, declaring all lands within the commonwealth to be held by a title purely allodial. ”