The New York herald., 1870-12-21
THE ANNEkE JAMS ESTATE.
A NNEKE JAMS HEIRS
IN THE GREAT TRINITY CHURCH
CONTROVERSY.
IMPORTANT DECISION BY JUDGE MocuEE.


MocgSN. The above the amended complain. this
'ATs the The Dls1 ask for
n.s a. s as s
the omission Of the corporation therein named wi!
o. Of q nh % E
sscCn That The said complaint does not state facts 'u
to s sS, 5..,i 81 n The .m % S
sue cause Of action and submits that question and that
admits NIT nothing but
% % o
admitted Moreover demurrer s only technical admis
Ss%ar5sT 1Ss
oa ,, .he aga conclusions OF law are never sd
ss
being conclusions Of law. are no. admitted.
s ans
ton VIII be S seen by the complain. ih. the only defend
Of the Trinity Church corporation and VIM T. Dunscom6.
o made party and yet pana seeks 70 ass from
its and put the into the hands Of receivers
being first heard, sfte having been made party How
railroad company individually and seek in that action TO
have receiver appointed to take charge Of all the agsus Of
removal Of the trustee without Joining The cesui
s for as S ss
e% ss % sssa Be- Sn s these s law two
dans aoay have an interest the estate Of Inc
Iny sharh can on DC as ss a1e trusts @ bAc
The complaint show:and 1t is about the only fact does
raised in this controversy Is, ilsreOre Necessary
make II evident that the, corporation must be
Il the plaintiff desires to establish his claim TO be
to in e ar c to aays
he clearly have such relief action against two
ey described in the complaint being The possession
Eecto charchwardsns and ves!Tymsn cf trinity Church.
s.s ss
them By imgcs,oa n hi. pleading .ls iis 70 Se
equivalent to admitting that defendants
By s po y of dna @
S" In ns Of ss ash not sur
IS rights TSs dsfest Ss'o Q.
ss Of bs Sy OF S New III ss0p % and md
Church Of England as by law established" THIS the
this defect Appearing s upon Sace
S s that so does not state
facts sufficient TO constitute cause of action The alega
faith and baptism was suppose Intended the
hss hs Of Ss e Of The c
Of Trinity church was to suppress vice and immortality
Protestant form OF baptism not at all for that
The charges the complaint the seventeenth para
graph to the end make the offence of dyeng the trust
them true they do not in affect the estate week
ss pssss ia ssas
must be taken as strongly as possible against the party
than that the salary which is due Of
services generally Is not withheld on Of the alleged
occasions mad been plainly hersca tie treasurer ' Of
S% ee ssrs
o sss noas % the o in he
twenty-second and wenythird counts They be
hs sa. n i s
Year, the answer to tn, that simple It ins Court
proSds remedy Application in % such case must be made
to bring this action upon the aega.on Of his being sue
porators this corporation Of his religious agreeing
with those Of certain who living hundred
and Of salS eSTpoTatoa his wnsnsss 70
rights
pessdn because does no, show attempt to show how
As e his willingness. to preach s'Trinisy Pa
f RI so GhST have sv no doubt # s
good use or such Go the
count which to sustain action that there
trinity church Indeed am araldi such ths case
would be no end Of actions against the copornon Apart
1 Tfs
that defendants had either to permit prevent
.hsi the duty in the Of the
Church from being or 70 40 any the
%s Re ss s @
ment OF houses of mercy and the like these are not matters
ing to acquire pocal weigh e. and threatening the Less
property ..o, - .o,,.., g. .,.,.,,o
which the slightest degree the questions
by the demurrer Indeed 4 all the sound law was cleaned
pachwork construction upon which build the wild and
Pstsap p n s light habit
Of false construction of all sounding ike the
mi ds so y the tangled heap Of ns IN cea
for planid escaped, because how
Field, 9Th Wen; Attorney General against Drunmond
apple PPs. ' s hs history
tesant and having the slightest bearing
There is another and very grave objection and hold
valid in law why this plaintiff should be listen
Before a sutor claim the interposon of of
Justice either in law or in equity he must have some wrong
force is for accomplishing these righteous objects courts
however to be the resorts the Disappointed the
or the SOh rs 9s and al trust
fairly justly and hunaney disposed Of and as the
the
m Litigation n,sS Whether m the party invoking the
justly and fairly placed himself II position claim
4 not then there ends the inquiry now applying
these the @ 3 pn
to the remedy he seeks and has he placed himself in light
Absolutely we say he has Let position.
9Th day Of May, 1897, William the Third, through
Governor Fletcher. then Captain General of the province
New York and Territories granted to Trinity church he
and spire of old Trinity church being then
built n charter under the corporate
'.Ths Rector and Inhabitants IN communion of the
Church England established by laws" (see
charter, line Io0 The charter among other things pro
the parish shall be named 1.-The Parish of Trinity
Church, (chare line l5 The charter also describes what
shall go with the enclosure of the church for grave
ward purposes the like. After defining what the
said corporation shall be declares ne 565 that fhe
inhabitants In communion &C., shall nom
appoint such people of said parish they shall
think fit and shalt be willing to accept the same TO
be members of said church, and be entitled to
vote at the annual elections for church wardens
and vestrymen Of said corporon. Thus the char
ter stood, far the admission of members to said
church concerned and also so far as eectns officers
Ac until 1914 slight alterations cxcepted), when.
among other things enacted that "a male of
age the space Of preceding election
shall have been members Of the congregation Of Trinity
aforesaid, of the chapes belonging to the
same and forming part the religious corporation,
who shall hold occupy enjoy pew or seat In Trinity