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
*284.* _Conditions, Bequest, Deed, Time._—Where property has been devised
for a particular purpose or on certain conditions attached thereto, the
law may be invoked to protect the fund according to the bequest.(506) And
where a deed contained a clause that the lots should never be sold nor
used in any other way except for the benefit of a specified Protestant
Church, although the deed contained no clause of forfeiture, when the
congregation sold the property the grantor was entitled to have the deed
set aside and the title re-vested in himself.(507) And a grant made upon
condition that a church be erected thereon, prevents the grantee from
conveying it for other purposes without the consent of the grantor or his
heirs.(508) But where a devise was made on condition that a church be
built on the property within three years, the provision being a condition
subsequent, a court has the right to extend the time.(509)
*285.* _Will, Forfeiture._—The provision in a will or deed that land shall
be used for purposes of a certain church, may create a trust for the
benefit of the church only and not a condition the breach of which would
work a forfeiture.(510) When a condition is put in a deed that it shall be
forever used as a burial ground for the interment of bodies, it is
doubtful whether the grantor and grantee together may change the uses of
the property. Therefore, it is important in taking deeds to cemeteries to
have no condition whatever, unless such conditions are desired.(511)
*286.* _Condition, Quit-Claim._—After conveying land upon a specified
condition, the grantor then gave a quit-claim deed, and the court held
that that relieved the grant from the condition.(512)
*287.* _Bishop, Trust, Successors._—A deed of land to the bishop of a
church for a Protestant Episcopal church in fee simple, created a trust
and on the death of such bishop the title passed to his successors.(513)
Where a grantee in a deed absolute on its face, is in fact archbishop of
the Roman Catholic Church for his diocese, its canons and decrees
regulating the mode of acquiring and holding church property are competent
evidence to show that the property is so held in trust for purposes for
public worship and other charitable uses. And property so held by a
Catholic bishop in trust for the diocese, or in trust for a congregation,
school, cemetery, or asylum, for the separate use of each, is not
chargeable with any part of the expenses of another one or for improving
the church property generally in the diocese.(514)
*288.* _Trustees, Vacancy._—When land is conveyed to certain persons as
trustees of a church and their successors lawfully appointed, a court of
equity will not step in to fill a vacancy but will leave that to be filled
by the church in accordance with its discipline.(515) But an attempt to
sell real estate of a religious society against the provisions of its
charter, will be prevented by a court of equity.(516)
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account