EVANS ET AL. v. ABNEY ET AL.

Basically, because the covenants of the bequest were not enforcable the
city had to return the property to the heirs.

John Wentworth wrote:

"Glenn Ashmore" wrote in message news:rG8Ub.19221 They
can't really do that. The major park in Macon was donated to the

city by a Senator Bacon for the use of the "white women and children of
the city". When the city could no longer inforce that covenant, the
heirs of the estate sued to get title back. Went all the way to the
USSC. The city couldn't possibly afford to buy it back so now our only
real park is a shopping center.


Just out of curiosity, what is the Supreme Court case that decided this? In
Shelley vs. Kramer the court ruled that restrictive covenants are
unenforceable, how does this play into the heirs getting the property back?



--
Glenn Ashmore

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