Appeal, No. 103, Jan. T., 1962, from decree of Court of Common Pleas of Chester County, No. 1456, in equity, in case of The Baptist Church in the Great Valley v. Radcliffe Morris Urquhart and Marian W. Urquhart, his wife. Decree reversed.
Francis T. Anderson, for appellants.
John O. Platt, Jr., with him MacElree, Platt & Marrone, for appellee.
Before Bell, C.j., Musmanno, Jones, Cohen, Eagen and O'brien, JJ.
OPINION BY MR. JUSTICE EAGEN
This is an appeal from a final decree in equity restraining the defendant-appellants from constructing a road over a right of way reserved by the terms of a deed.
The relevant facts, supported by the testimony and as found by the chancellor and affirmed by the court en banc, may be summarized as follows:
The plaintiff-appellee, The Baptist Church in the Great Valley, located in Tredyffrin Township, Chester County, Pennsylvania, was established about the year 1772. In December 1946, its land consisted of approximately seven acres improved with the church edifice. A portion of the land was used as a cemetery.
The defendant-appellants, Radcliffe Morris Urquhart and Marian W. Urquhart, his wife, were the owners of two separate noncontiguous tracts of land abutting in part on the church property, which in December 1946, they conveyed to the church without the payment of monetary consideration. Their beneficence was prompted by a desire to extend and preserve the church property and its historical background.
One tract, hereinafter designated as Tract No. 2, contained about 1.75 acres and abutted Valley Forge Road. The other tract, hereinafter designated as Tract No. 1, contained 5.21 acres.
The defendant-appellants owned other lands situated to the east and north of the tracts they conveyed to the church, and in the ...