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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

University of Vermont & State Agricultural College v. Ward, 158 A. 778 (1932)

Citation
University of Vermont & State Agricultural College v. Ward, 158 A. 778 (1932)
Parent Document
University of Vermont & State Agricultural College v. Ward, 158 A. 778 (1932)
Jurisdiction
Vermont (state)
Effective Date
1932-02-04

Other Sections in This Document (211)

Full Text

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Now surely, a “perpetual lease” is not “a lease for years in the legal meaning of that term." And if the statutory authority to lease includes the giving of a “perpetual lease,” it cannot be so restricted in meaning as to permit only the giving of a lease for years. But the language in the Judevine Case may be explained by the wording of the statute involved, which was “to hold and lease,” the phrase “to hold” being susceptible of a construction by which the grantor was required to retain an interest in the land, which could be done by a lease for years, followed by a reversion (see page 226 of 93 Vt., 106 Atl. 836, 838). I cannot believe that it was intended to overrule White v. Fuller, Society for Propagation, etc. v. Sharon, and Lampson v. New Haven,