The Catholic World, Vol. 18, October, 1873, to March, 1874.: A Monthly Magazine of General Literature and ScienceVarious
Religion
The Catholic World, Vol. 18, October, 1873, to March, 1874.: A Monthly Magazine of General Literature and Science
Various
Catholic Church -- Periodicals
Respecting the first of these classes, it does not admit of a rational
doubt that an individual or an association of individuals may dedicate
property by way of trust to the purpose of sustaining, supporting, and
propagating definite religious doctrines or principles, provided that
in doing so they violate no law of morality, and give to the instrument
by which their purpose is evidenced the formalities which the law
requires.
And it is then the duty of a court of law, in a case properly brought
before it, to see that the property so dedicated is not diverted from
the trust which is thus attached to its use. So long as there are
persons qualified within the meaning of the original dedication, and
who are also willing to teach the doctrines or principles prescribed in
the act of dedication, and so long as there is any one so interested in
the execution of the trust as to have a standing in court, it must be
that they can prevent the diversion of the property or fund to other
and different uses.
This is the general doctrine of courts of equity as to charities, and
it is also applicable to ecclesiastical matters.
In such case, where the trust is confided to a religious congregation
or church government, it is not in the power of the majority of that
congregation, however preponderant by reason of a change of views on
religion, to carry the property so confided to them to the support of
new and conflicting doctrine.
A pious man building and dedicating a house of worship to the sole and
exclusive use of those who believe in the doctrines of the Holy Roman
Catholic Church, and placing it under the control of those who at the
time held the same belief, has a right to expect that the law will
prevent that property from being used for any other purpose whatsoever.
The law should throw its protection around the trust, and it is the
duty of courts of law to enforce a trust clearly defined, and to
inquire whether the party accused of violating the trust is using the
property so dedicated as to defeat the declared objects of the trust.
In such cases, the right to the use of the property must be determined
by the ordinary principles which govern voluntary associations.
The same rule prevails as to the class of cases coming within the view
of the third proposition, as to property acquired in any of the usual
modes for the general use of a religious congregation which is itself
part of a larger and general organization, with which it is connected
by religious views and ecclesiastical government, and which appeals
to the courts to determine the right to the use of the property so
acquired. That is, where property has been purchased for the use of
the congregation, and so long as any such body can be ascertained to be
of that congregation, and is under its control and bound by its orders
and judgments, or its regular and legitimate successor, it is entitled
to the use of the property.
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