The Clergyman's Hand-book of Law: The Law of Church and GraveScanlan, Charles Martin
Religion
The Clergyman's Hand-book of Law: The Law of Church and Grave
Scanlan, Charles Martin
Burial laws -- United States; Ecclesiastical law -- United States
*278.* _Trust, Purposes, Doctrines._—When a conveyance of a lot is made to
certain persons of a religious society and their successors in trust for
religious purposes, all the members become beneficiaries in equal degree
notwithstanding some of them may have contributed larger sums than
others.(499) Land conveyed to a church for valuable consideration belongs
to the church, whatever change may take place in its religious doctrines;
and if a minority secedes on the ground that they are the ones who retain
the original tenets of the church, they can not take with them either the
whole or pro rata share of the church property.(500)
*279.* _Control, Revenues._—The trustees of a corporation of a church or
of a religious society have entire control over the revenues of such
body.(501)
*280.* _Leave to Purchase, Title, Canons of the Church._—A congregation
wanted to buy a church and priest’s house, but the archbishop refused
leave to purchase, but granted permission to keep the premises for
religious purposes for a time. The members formed a society and bought and
took title in the name of the “Lithuanian Benefit Society of St. Anthony.”
Then the archbishop wrote them a letter requiring the deed of the premises
to be put in his name, which the congregation refused to do. A part of the
congregation brought a suit in equity to enforce the transfer from the
society to the archbishop. The court held that if the congregation was
under the church and acknowledged its authority, the title must be settled
by the canons of the church; otherwise, the majority of the congregation,
in a duly called meeting, should determine where the title should be
vested.(502)
*281.* _Cemetery, Authority._—When a congregation that had title to a
cemetery for many years entrusted the management and sale of the lots to
the priest, he had thereby authority to create servitudes, such as alleys
to lots, which become binding on the congregation and all third
persons.(503)
*282.* _Real Estate, Purpose._—A church has no power to acquire and hold
real estate for any purpose other than that of promoting the object of its
creation, and any contract entered into for a purchase of real estate as a
matter of speculation is _ultra vires_ and void.(504)
*283.* _Limitation, Lands._—A statute of the State prohibiting a religious
society from holding more than twenty acres, applies to a single parish or
congregation and not to the entire denomination when it consists of more
than one congregation.(505)
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