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
*294.* _Burned, Revert, Vested._—The fact that a church on lands donated
to the parish, on condition of sustaining the church, burned down, the
title did not revert to the grantor’s heirs.(524) Also land granted a
bishop for church uses, vested immediately in him and was not forfeited
because it was not used for church purposes.(525)
*295.* _Abandoned, Revert._—Land granted to trustees and their successors
forever in trust to erect a Methodist church, according to its rules and
discipline, which was used for such church for a long time and then
abandoned and sold to parties who converted it into a blacksmith shop, did
not thereupon revert in the absence of a provision to that effect.(526)
*296.* _Uses and Trusts._—The chapter of the Wisconsin statutes on
religious societies, although not included in the same title as the
chapter abolishing all uses and trusts excepting as therein created, was
not intended to prohibit the trusts expressly authorized by the
former.(527)
*297.* _Trust Funds, Account._—Where a member of the church received funds
to invest in his own name for the benefit of the church, he will be
obliged in a court of equity to give full account for the money and its
profits.(528)
*298.* _Fund, Diverted, Split._—A fund created for a particular purpose,
as the education of children in the faith and doctrines of a denomination
at the time the fund is created, can not be diverted from its original
object.(529) Neither can such a fund be split up when a congregation is
divided, but must be retained as created.(530)
*299.* _Church, Personalty._—A church removed from its foundation and put
on rollers was severed from the realty and became personal property.(531)
*300.* _Lease, Purposes._—A religious literary society and scientific
corporation has power to lease part of a building owned by it for
theatrical and operatic purposes.(532)
*301.* _Salary, Lien, Equity._—The church building and the land on which
it stands have been held subject to the payment of a debt due for the
salary of a pastor of the congregation owning such property.(533) A
contractor is entitled to a lien on the church property for work done on
the building.(534) A person who became liable for the debts of the
congregation incurred in the purchase of church property, obtained relief
in equity by subjecting the church property to a sale.(535)
*302.* _Bankruptcy, Creditors._—There is no provision of law for a church
corporation to make an assignment in bankruptcy. However, the church
corporation may be sued and a receiver appointed to take possession of the
property and sequester the assets.(536) But where assignments in
bankruptcy and a sale and conveyance of church property are lawful, the
church property may be assigned for the benefit of the creditors.(537)
Public-domain text, read in full here on John Shaqi.
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