Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1880-11-20
AN xxg'EDEsTENG CASE.

4 ease OF considerable interest and I'M
portancc, regarding the transfer OF prop
crty for the use OF the Methodist Church,
was decided by tie Supreme Court OF this
Sratr. nj Wheeling, on Saturday last, 18th
instant, which has been Oh the docket for
;Wcuty-four years. The style Of the case
i>Ch.r!cS !. TGrrysOu and others, appel
lants and defendants below, against Jas.
CarSkadon and others, appellecs and plain
this below.
ItapncarS from the record that on the
S.h OF September 1876, \. W. Mcdonald
and 4. =. T.owbridge conveyed to james
Sheets. James ClrskGton and others as
trustees. certain req, estate in the town OF
Romuev, HAMPSHIRE county, for valua-
bic consideration stated in the deed, III
trust 20 be held rs Il parsonage or p!ac" O.!
residence for the use OF the ministers OF
the Methodist Episcopal Church in the
United states, To be used and occupied Is
such parsonage by ministers of that
church stationed on the circuit within the
bounds of which the town of ROmmcy is
situated. and upou further trusts in said
deed named, but as To which the court
rave no opinion, u the case Wat disposed
of mon the questions involved as TO the
trust here referred TO. 1t appears that
said circuit wa, composed OF several
preaching places or congregations other
Than that at ROmncy. The Circuit Court
Of Hampshire county, upon the motion OF
TOrrYSOn, who was after the close OF the
late var Il minister having charge OF the
local congregation of the NJ. Il. Church
South at Romuey, appointed certain trus-
tees to fill vacancies caused by death or
removal of some of the original trustees
named in the deed.
Carskadon and others, as representa-
tiyes OF the Methodist Episcopal Church,
obtained in July, 1866, an injunction re-
straining said Torryson and others from
acting under said appointment, or from
Interfering with said property. me case
was removed to Mineral county for hear
ing In December, 1870, the Judge oil
the Cifcuit Court OF Iincral county en-
tered his decree pcrpctuating the SAID m
junction and setting aside the order OF
The Circuit Court OF Hampshire county
referred TO, and declared that the repre-
scntatives or preachers OF the Methodist
Episcopal Church bad the right to the
full enjoyment of the property.
From that decree an appeal and SUPER
srpEAs WAS awarded by the Supreme
Court of Appeals on the lst OF October,
1875. The ease was fully argued before
the Court of Appeals by Attorney Gener-
al Robert White, for the appellants, and
Major Holmes Conrad, of Winchester,
Va. and F. NJ. Reynolds, of Keyser, W.
Va, for the arpeIieeS, and on yesterday
the court reversed the decree OF the court
below, and dismissed the bill of the plain
tifls holding that the trusts contained in
the deeds before referred 10 were abso.
lutelv void for uncertainty. The court
j. of the opinion that in this State deed
for church property could only be to
trustees for The benefit of a local congrc-
CATION, aud that as the trust in the deed
in question did not cOntine the use of the
property to the local congregation ut
Romney, the trusts failed for want of GER
tainty.
1t is an interesting case, and one which
must be leading one with reference to
conveyanccs of property for the use OF
the church. This is the first case in the
border states since the war, so far as we
can learn, ihat the NJ. L. Church NORTH
has failed through the courts to hold
property conveyed for the use OF It's
preachers or congregations.