*314.* _Sexton, Undertaker, Authorities._—The sexton who has charge of the church property may lawfully remove from the church an undertaker who, after being warned to desist and leave, persists in conducting the funeral in violation of rules prescribed by the authorities of the church.(559) CHAPTER XXIII. BEQUESTS, DEVISES, AND GIFTS *315.* _Statutes, Wills._—In some States a religious society can not take under a will, and a bequest of money to a church is void.(560) In Connecticut any devise to a religious corporation not expressly authorized by statute, is void.(561) In Maryland leave to devise land to a religious society must be obtained from the Legislature.(562) In all the States it is safest to consult and carefully follow the statute in drawing a will. *316.* _Masses, Alabama._—Formerly as a rule of the English common law, it was held that bequests and devises for the purpose of having Masses said for the soul of the deceased, were void as superstitious uses; but under Article 1 of the Amendments to the United States Constitution, and under similar provisions in the constitutions of the several States, the English rule does not prevail in the United States. However, Alabama adopted the English rule.(563) By reading the foot-note to the Alabama case, it will be found that a majority of the States hold that such bequests are lawful.(564) Even in Alabama if the bequest had been to a clergyman or a certain person and accompanied by a request to say Masses, the court might have allowed it.(565) *317.* _Name, Bequest, Corporation._—A mistake in a name does not render a bequest or a gift void if the person intended can be identified.(566) Also, a devise may be made to a corporation not yet organized and when it is organized the gift or devise will vest. During the interim, it will remain in abeyance.(567) *318.* _Clergyman, Undue Influence._—A clergyman who is a grantee in a deed from a parishioner, although deriving no benefit therefrom, has the burden of showing good faith in the transaction as the law presumes that he is guilty of undue influence. This presumption is further strengthened by proof of the enfeebled condition of the grantor by age and illness and his susceptibleness to influence. Where the property conveyed in trust for the parish was greatly in excess of its needs, the deed was set aside.(568) *319.* _Contest, Secession._—In case of a devise to a church which is claimed by two societies, it is the duty of the court to decide in favor of those who adhere to the ecclesiastical government of the church which was in operation at the time the trust was declared.(569) However, to maintain such action it must be brought by the proper parties.(570) *320.* _Bequests, Membership._—Bequests left to individuals on condition that they shall remain members of a certain church, can be obtained only by complying with such condition.(571)