The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-04-14
The DrSek Church Characterization or the
Referees Report.
Gvypp

April a2-n Ae matter ct ne application o. the Mayor
and CossmsnoAy Of Nw Fork, for tctdenirg Beetmd~
street. from Pearl TO Park Roc-Judge Davies
dered elaborate decision in confirming the report of
hereferee Samuel Rugg es) the claims Of thu
grsgAon Of the Brick church, and the of vaults
The usancs Of the referees report already appeared
in the leg al intelligence Of the HERALD. The OF
vaults objected to The rehess report which awarded
Si33 10 the Cor atom 233 SO to vault owners
800 for the of Moses sher wocd $40
Al the trustees of The Brick As 70 the respec
tive rights the B. lex church and the vaut owners
Jadge that the well stated by the referee
he cannot DO better than his IaDguage:--
II Is claimed In sehsf OF re vault owners, that the
grants from The church were intended to convey and did
legally convey, he fee Of he Land occupied vaults
and their that the church retained legal estate
interests Ia the land and cannot rign
fully claim any portion OF the awarded IT'S value
but that said emit cd each to their
rAeabe proportions Of the awarded to w.t. in the
ratio borne by the Of the land occupied by said
vaults and steps t, the OF the whole of the Ian
taben, being "a shown ~ the pr fits 80 for each
vault Tins claim Ia contested by the church, on the
ground that the grants Of TIL vaults not intended
to convey and die not convey, any portion Of the legal
fee, but only privilege or easement in the land to buy
the land; that the whole legal estate 10 the land
NAMED in the chuI CHI, sunc. only TO such privilege
ment aud that the session Of such OF the vault
owocrs VINO prooue grant or proper title proves only
that occupants they were enjoying similar privilege
ment think tie vault owners srein error in suppos
ing that the church Deneed TO convey fact
vsy spy portion Of TIE and occupied BY the steps the
vaplts gather from he resolutions Of the trus ees Of
the church. 1t their intention grant piece Of
ground 13 BY ION feet to- the pose Of buryiog the
dead; ] am also u opoi0n that the deeds executed
and delivered, and convey tho rixh ID piece Of
ground OF taose dersons and pothipg more, for that
Occupying sufficient Of adjacent land for that purpose
and TO tuch steps with Hat stone with the
surface Of The ground and to have to the va at
all times for the II inerments hereu
think II may also be presumed that each vault owner
received from The church deed Of similar character
those produced The Ave vault whose title
erusd prs,ou. to 1885, Of The character OF that De
Witt and Quaskenbo.b, and the seven whose
lar to these to the asssrs. Ash and Mr.. Irvins
We now STRIVE .. the seicus question n the case and
that s what estate BY these conveya
to the grsn.ees BY the eburchY Il iaciiens ct
law every corporation, to have capacity to
purchase and alien lanes and chattes unless they
specially restrained their charters by statute In
cepenctnt imitve laws all corporations have the ab-
soue jus dpon ndS OF snds and cnattes neither limit
ed IS to ocjecs circumscrbsd to quantity; and
this common Jaw tight of dsposi ion continued in EGG
land until 1t taken Ssv, gcanted to religious
poraions BY several restraining statutes the reign of
ixabeth. We have not acteo in New York those
disabling acts. q Kents Com PIP. 49, 314) Although
these utes have not been enacted in this State yet
they attend the common lsw they we're binding here
rule that it the esabished doctrine that English
satute passed tecre the emigra OF their ancestors
the laws, constitute part OF the common Law OF tails
country. (see cases cited, and particularly DegIrdus
W. n nifty shaseh, 4 paigs's Rep. 1882 The act
Of March IA, ls08 session %, chspSer 43, author
lied The Chancellor to make an order permitting
religious corporation 10 make sale Of any real estate
belonging to The objects and Of this are
fully discussed by Cha ceor Walworth, in the Of
the Garden street church Mott Paige 49, He then
arrived at the conclusion that previous to the act OF
1906, religious citation could not make sale OF
real estate and that the intent of act was to give
to every religious corporation unlimited power
vsy any property he'd by ,hep the consent OF
the Chsncenor And IN that he held that the
peraiion copl not sell make good title without the
previous conrent Of the Cbanseor IL therefore, clear
to my mind that absolute right title in fee of the
soil belonging this religious corporation could not have
been granted previous the Of 1906 and since them
only with the consent OF the Court of Chancery
think the referee has arrived .. the correct eoncu
SIGN In reference to he ate actually granted 1t s but
an easement or for the inter nsnt Of the dead
being terpnated by he taking Of the ani public use
compensation is to be made for its yalue.
The Judge entirely in the conclusions Of the
referee and directs TO DO entered confirming the
report with reasonable allowance for counsel fees