On appeal from the Supreme Court, whose opinion is reported in 134 N.J.L. 498.
For the appellant, Louis G. Morton.
For the respondent, Donald M. Waesche.
The opinion of the court was delivered by
McGEEHAN, J. This appeal is from a judgment of the Supreme Court which dismissed the writ of certiorari theretofore allowed on the application of appellant.
On July 17th, 1945, Frederic Andreas and Mabel Moore Andreas, his wife, executed a deed conveying certain premises in Teaneck to the Township of Teaneck. The granting clause states, "for and in consideration of one and 00/100 Dollar and other good and valuable consideration, do hereby give, grant * * *" and the habendum clause, "* * * subject, however, to the following reservations, exceptions, conditions and restrictions:
"First: The said Frederic Andreas and Mabel Moore Andreas, his wife, or either, or the survivor of them, shall have the right to the full, complete, and undisturbed possession, use, enjoyment, and control of said land and premises so long as either may live, and without the obligation to pay any tax or taxes on said premises;
"Second: Upon the termination of the life estate heretofore mentioned, the land and premises herein described shall be used by the public for park, playground, or other recreational purposes and activities, and in the event the Grantee shall use or suffer the use of said premises for any other purpose this conveyance shall thereupon become void and the title to said premises shall revert to the heirs at law of said Frederic Andreas, who shall have the right to re-enter and repossess the same;
"Third: The land and premises herein described shall be named in an ordinance to be adopted by the Township of Teaneck, upon the termination of the life estate, as the 'Maria W. Andreas Memorial Park,' and shall thereafter be known as such, and a suitable dedicatory monument shall be placed thereon;
"Fourth: The residence now standing upon the land herein described shall be taken down and removed from the premises by the Township of Teaneck within one year after the termination of the life estate by the death of the surviving life tenant, or by the surrender to the Township of Teaneck of the life estate by the Grantors herein or the survivor of them."
This deed was recorded August 8th, 1945. An ordinance of the municipality was introduced August 7th, 1945; was published and then passed on September 5th, 1945. This ordinance is entitled "An Ordinance accepting a gift of property from Frederic Andreas to be used for park purposes," and every reference therein to the transaction terms it a "gift." The fourth "Whereas" states "Frederic Andreas has offered to give to the Township of Teaneck the land and premises hereinafter described * * *;" Section 1 "The Township * * * accepts the deed * * * subject to the reservations, exceptions, conditions and restrictions therein set forth;" Section 5 "* * * the splendid public spirit which prompted Frederic Andreas and Mabel Moore Andreas, his ...