In 1862, George Palmer conveyed property to the Trustees of Calvary Presbyterian Church (plaintiff) on the condition that the property be maintained for religious purposes only. The deed granted Palmer and his heirs the right of reentry if the trustees breached the condition. Palmer died in 1864. In 1893, Palmer’s living heirs reached an agreement with the trustees that they would not interfere with the trustees’ possession or in any way seek to enforce their rights of reentry. In 1926, the trustees brought suit against all of Palmer’s living heirs. The trustees sought a declaratory judgment that the 1893 deed from the living heirs was valid as to all unborn as well as living heirs. The trial court found in favor of the trustees. The appellate court affirmed. Putnam, a Palmer heir not living at the time of the 1893 deed, appealed, arguing that the 1893 deed did not bind those heirs that were not living at the time.