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INDEPENDENT CONGREGATIONAL SOC. v. DAVENPORT

381 A.2d 1137 (1978)

INDEPENDENT CONGREGATIONAL SOCIETY v. Isaac DAVENPORT et al.

Supreme Judicial Court of Maine.

January 27, 1978.

Attorney(s) appearing for the Case

Eaton, Peabody, Bradford & Veague by Clarissa B. Edelston (orally), Thomas M. Brown, Bangor, for plaintiff.

Harold C. Hamilton, II, Bangor (orally), Eugene W. Beaulieu, Old Town, John M. Dudley, Asst. Atty. Gen., Augusta, for defendants.

Before DUFRESNE, C. J., and POMEROY, WERNICK, ARCHIBALD, DELAHANTY and GODFREY, JJ.

GODFREY, Justice.

The present site of the Unitarian Church structure and parsonage at the corner of Union and Main Streets in Bangor is comprised of what were at one time three contiguous parcels of land. Appellant Society derives its title to the site as follows:

To Parcel I from a deed in 1827, made by Isaac Davenport, containing the following language:

"Provided, however, that if said subscribers shall not proceed to erect a church thereon within...

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