The Clergyman's Hand-book of Law: The Law of Church and Grave — John Shaqi
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
*303.* _Jurisdiction, Process._—In order to obtain jurisdiction where
there are contentions between various persons claiming to be officers, the
only safe rule is to serve the process on all those who are in the offices
or claim the offices upon the occupants of which the papers must be
served.(538)
*304.* _States, Property, Restrictions._—Some States restrict the quantity
and use of property that a religious society or church may hold. Other
States have no restrictions; but nearly all the States have some statutory
law on the subject, which is changed so frequently that it would be
useless to give the provisions of such law in this work.(539)
*305.* _Land, Limitation._—A statute of Illinois relating to Catholic
societies contains no limitations on property rights, but it was held that
the general law applied, and that an organization having ten acres could
not acquire additional land by devise. A conveyance of land to a
corporation after it has taken all the land allowed by law, is void.(540)
In Kentucky where a church is limited to fifty acres and a devise was made
to a church for the benefit of foreign missions, it was held valid under a
statute providing that all devises for relief of aged, impotent, poor
people, churches, or for any other charitable or humane purposes, shall be
valid.(541) Maryland’s peculiar law by which leave must be obtained from
the Legislature for a conveyance of more than two acres of land, has been
construed to give the Legislature authority to ratify a conveyance that
otherwise would be void under the statute.(542) Also, it was held in the
same case that a church might acquire more land, but that it would be
restricted with regard to its use. A statute prohibiting a religious
society from holding more than twenty acres of land applied to a single
religious society and not to the denomination.(543) Where the territorial
law provided that no religious corporation should hold real estate of
greater value than $50,000, a receiver was appointed for the Mormon
corporation.(544)
*306.* _Corporations, Bequests._—Foreign religious corporations may be
entitled to recover bequests made to them in some States; but the general
rule is that a foreign religious society has no better right to take
property by devise than a domestic corporation.(545) When the statute
requires a conveyance to specify the purpose for which a religious society
takes land, the failure to so specify renders the deed void.(546) But the
Young Men’s Christian Association was declared not within the limitation
because it was not formed for pecuniary benefit and profit and was not
under the control of any one denomination nor formed for religious
worship.(547)
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