Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1832-12-27
From the Methodist Protestant.


Important Decision Of Church Property.
The Methodist Church of Supreme Court
the city Of Pittsburgh Of Pennsylvania,
Us. Oct Term, 1892
Stephen Remington aud fbeforeGihson, g.
Others Justice; Rogers.
Huston, s. Ross,
This cause, which originated in the late di
visions 10 the Methodist Episcopal Church,
was tried before Mr.. Justice RoGEgs, in
1881, who, in order % bring the questions of
law Involved in il directly before the Court
in Bank, directed general verdict for the
plaintiff 1t was an cjectn1ant Tor church
in the city, and d burying ground IN the North
ern Liberties OF Pttsbure; claimed by the
Methodist Episcopal Church, which sued IN
The name Of the Corporation, as trustee Tor
its use. A motion for new ttial Was now ar
gued ty fetterma,l and F0e7Cnrd for the dc
PENDANTS, and IiiH,ins for the plaintiff.
The opinion 81 the Court was delivered by
Chief Justice GIBsoN
Before the ~rirt OF discorh aud separation,
which seems at present TO possess tue ele-
meats of all things, had manifested Itself IN
the Methodist Society, there vas but one
Congregation Of The communion IN pItts5urg
In process OF tine, the building IN which rs
exercises were per!ormed, was found TO he
toe snail for its accommodation; in conse
quence Of which, the principal subject OF this
action was purchased, aud "A church built on
il by the Methodist brethren and individuals
belonging 10 other denominations. The grant
was in the form prescribed IN the book OF
"Doctrines and Discipline" Ct Society: that IS
to say, the conveyance was to natural persons
but without words of inheritance; and III
trust 10 erect house OF worship "ior the use
of the members Of the Methodist Episcopal
Church 10 the United States oil America, &C
cor,linp 10 the rules and discipline which
from time to time may lie agreed Upon and
adopted by the ministers and preachers OF the
said church at their General Conference IN
The United States of America; and IN further
trust and confidence, that they shall at all
times hereafter permit such ministers and
preachers belonging TO the said church as
shall from time to time be duly authorized by
the General Conference OF the ministers and
Preachers OF the said Methodist church, or
by the yearly conferences authorized by the
said General Conference, TO preach and ex-
pound Gods holy word therein" 10 this
was added grant to the trustees oil perpesu-
al succession, with power to appoint their
successors from persons to be nominated ny
the ministers in charge. To professional
mind it is unnecessary to intimate that this
formula was adopted III ignorance oil the CEN.
mon law, which suffers not the fee to pass
by deed without technical words oil IaherI-
lance, or an individual TO cl0the an assoeia-
ton of natural persons 10 one OF the princt-
pal attributes of corporation What effect
the want of proper words ofconveyance may
have on the ultimate destination oil Inc prep
erty; it is not at present for. US 70 say. The
canse has been argued as If the fee had ac-
tually passed, and our business is consequent
ly with the validity Of the trust. but II Wi i
not be thought AN officlous interferehce WIN
the concerns of the society to suggest 10 IL
or the parties ultimately enttleds the necessity
ofimmcdiatA measures to secure TIE proper
ty held by it under this form oil assui ance'
to the objects originally contemplated by the
donors.
The decision in Whitman v. Leg. II
Serc't and r. 3SS, is full to the point that
trust 10 favor of an incorporated religious or
charitable society, is an available one; and
were the Methods. Society constituted en-
tirely Of members resident within the STATE,
would probably rule the cause. This society
however. pervades the United States, and
tin lately was connected, it is believed, with
the same set in the British provinces ia a
merica. 1t then becomes necessary 10 IN
auire how far trust in favor oil what IS IN
some respects foreign society. IS consistent
with the spirit of our laws. The Act OF il3o'
: entitled. IAN Act for the enabling Oh reilgl-
ous societies of Protestants, ,clthH h'S pro
ri9rs 70 purchase lands for hurying grounds,
h,,rehas sc y proyides that III shall be law