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
*289.* _Church, Majority, Change._—When property is conveyed to a church
having a well-known doctrine, faith, and practice, a majority of the
members has not the authority or power by reason of a change of religious
views to carry the property thus dedicated to a new and different
doctrine.(517)
*290.* _Title, Harmony, Division._—The title to church property in a
divided congregation is in that part of the congregation which acts in
harmony with the law of the denomination; and the ecclesiastical laws and
principles which were accepted among them before the dispute began, are
the standard for determining which party is right.(518) In other cases the
division of church property, where there is a division of the
congregation, depends upon its particular facts.(519) Where $400 was
bequeathed to a Lutheran congregation in S——, there being at the time of
the making of the will but one Lutheran congregation in the place, but
subsequently a majority of the trustees and members with the pastor left
the church and built a new one, the old church continued vested with the
title to the property and all its funds.(520)
*291.* _Perversion, Misuse, Suit._—Unless there is substantial departure
from the purpose of the trust which amounts to a perversion of it, a court
of equity will not interfere to prevent the misuse or abuse of a trust of
a religious nature. In actions in the State court, if the church is not
incorporated, an action should be brought in the names of the members
collectively, and if they are too numerous to be all named, the suit may
be brought in the name of one or more of them for the whole. The same
rules apply to religious societies when sued. However, in some dioceses,
particularly in the Catholic Church, the title to the church property is
in the bishop and he thereby becomes an interested party who must be made
either a plaintiff or a defendant.(521)
*292.* _Rights, Contracts, Torts, Crimes._—Vested property rights,
contracts, torts, and crimes, are usually subject to the laws of the State
and the control and judgment of a church tribunal is seldom final. While
the State courts have no ecclesiastical jurisdiction and can not revise or
question ordinary acts of church discipline, they have the power to
adjudicate conflicting claims of parties to the church property or the use
of it.(522)
*293.* _Cemetery, Assessments._—Where a lot was bought for the purpose of
building a church but was used for a cemetery, and a church was built at
another place and the deed to the lot was taken in the name of the
trustees, the pastor and a member of the church corporation were not the
proper parties to bring an action to restrain the State from selling the
lot to pay the assessments for pavement, as they had no legal or equitable
interest for the protection of which they could claim the interposition of
a court of equity.(523)
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