Evening journal., 1916-08-05

The Cleland lot and vault are includ-
ed in the land which the corpora
tion defendant intends TO sell and
convey 20 Bailey
At the time of the execution of the
deed from Stidham there was no law
in force in the three lower counties
on Delaware providing for the incor-
trust or use would terminate with
poration and regulation of religious
societies, nor was there then any
stitutory enactment defining or limit
ing theiH powers IL was not until
more than six years later,-October
20, l744.-that an act was passed,
entitled IAN Act for the enabling re-
ligious societies Of Protestants within
this Government. to purchase lands
for burying grounds, churches. houses
for worship, schools, etc" 1 Del.
Laws 271.
Here Judge Bradford quotes the
state law az length.
Principal Object Of Act.
The deed from Stidham was not ex-
ecuted under or pursuant to the act
Of 1744 for the simple reason that,
as already stated, the statute did not
come into existence until over six
years afterwards. A valid charitable
or religious trust or use in perpetuity
having been created by the deed aside
from any statutory enactment. the
question is presented whether the act
Of l744 in any manner defeated, inn
paired or rendered defeasible such
trust or use. / find nothing in the
act declaring, indicating or suggest
ing that a valid religious, charitable or
pious use or trust heretofore created
should be defeated, impaired or rem
dered defeasible thereby. The con-
trary is 10 be gathered both from the
preamble and the body OF the act. II
appears from the former that one Of
the principal objects of the
act was to provide remedy
for breaches Of trust there
tofore committed by those charged
with the duty Of observing and carry
ing into effect religious and charitable
uses and trusts for the benefit Of
Protestant religious societies. And It
was largely 10 provide a remedy for
this condition Of things that the act
was passed. and not with a view to
defeat or destroy valid religious. char
table or pious uses or trusts there
tofore created.
Section ?. which Immediately fol-
lows the preamble, negatives any idea
that such valid uses or trusts thereto
fore created should be destroyed or
/ injuriously affected; for its provides
in substance that conveyances OF
lands to persons in trust for Societies
Of Protestant churches, houses of re-
| ligious worship, schools, alms-houses
| and for burying grounds. or for any
/ of them" should be and were thereby
ratified and confirmed to the persons
to whom the same were granted. their
heirs and assigns. in trust, and not
otherwise, but for the use of the same
religious societies for whom they were
at first so granted, according to the
true intent and meaning Of such gifts
grants, or bargains and sales"
There was thus an express ratihca
tion and confirmation of prior convey
ances OF lands for churches. house,
of religious worship. schools, aims
houses and burying grounds, for Prot
estant religious societies; the same Z
be held in trust according TO the tru
intent and meaning" of such gifts an
conveyances. The remaining porto
OF section 2 deals with the case o
alienation OF trustees of land consti
tuting the subject OF the trust. Sec
tions 3 and are prospective and con
seluently have no application to tn
conveyance from Stidham. The con
veyance from Stidham prior to tn
act OF 1744 having been 10 trustee
for an unincorporated religious so
ciety namely. the "Presbyteriai
Church." Of land in fee for the use
among others, of "a Meeting House
and "Burying Ground" received tn
ratification and confirmation of sec
ton TO the extent at least of sue
trust or use, If any were required.
Points in Opposite Direction.
/ have neither found nor been re
ferred TO any legislation in the thre
lower counties on Delaware or in IN
state Of Delaware divestng the Ian
{ conveyed by Stidham of the religion
r charitable or pious trust impresse
! upon Il with respect TO its use fC
houses OF worship and as a buryin
9 ground. The legislation relating
b religious societies strongly points
[ the opposite direction.
- Judge Bradford then quotes the a
d OF February 3. 1887, and the revise
d codes OF later periods, and continue
= In view Of the foregoing facts ar
p legislation there can be no reasoi
n able question that the land convey,
l. by Stidham was impressed with
% valid religious, charitable or pioi
g use. and was held by the corporate
n defendant and its predecessors in III
Ie in trust TO be used as a buryii
20 ground or cemetery. and for Il
ID erection and maintenance Of church
of or meeting houses. or for one
Is more of the other uses set forth
10 the above legislation touching r
lg ligious societies and embraced with
N ''other pious uses" as that phrase
lie employed in the Sudham deed. I
In deed. this is not denied. but admitt
e. on the part OF the defendants
But while oonceding that the lai
was and is subject to such trust
use so long as II continues to
- held by the corporation defendai
=. and that while continuing TO hold
~ the corporation defendant could
- compelled by the henehciaries und
such trust or use or others havi
sufficient interest therein, faithful
TO observe the same, IL Is strenuot
- ly urged that the power OF alier
tion is under the laws Of Delawa
possessed by the corporation defen
" ant and that a conveyance by Il
- fee OF the land heretofore subject
such trust or use would operate
vest in the grantee a title to the la
y. absolutely discharged from such trl
or use. And special stress Is Il
upon the provision in section s
81 4.