Evening journal., 1916-08-05

At this point Jude Bradford enume-
rated many cases in this and other
courts i'm support OF these principles
The document continues;
DO or not these principles require /
the awarding Of a preliminary in
junction as prayed TO maintain the
status quo and prevent irreparable ]
injury should the compiainants be b
right in their contention?
UmncOrporated society.
The title of the corporation de-
fendant to the cemetery was medi-
ately acquired from Timothy Std
ham who by deed dated December
80. 1897. conveyed In fee land in
cluding the same 20 James Chalmers
and others, and their successors. the
trustees, overseers and elders OF the
"Presbyterian Church." to have and
10 hold for the use OF a Meeting
House, Burying Ground and such
other pious uses forever" as they or
majority OF them should "at any
time hereafter see most hitting and
convenient. and 70 no other use, in
tent or purpose whatsoever" At the
time OF the execution OF the above
mentioned conveyance the "presby-
terian Church" was an unincorporat-
ed religious society. Nor was there
then any authority vested in its
trustees. overseers and elders enab-
ling them in the absence Of legisla-
tion-which did not then exist-to
convert or erect themselves into a
corporation.
Sudham in and by his conveyance
created and imposed upon the land
therein described a valid charitable
or pious use or trust in perpetuity.
State v. Grimth. Del. Ch. 392.
! Grihth V. State, 2 Del. Ch. 42l.
Doughten v. Vandever. s Del. Ch. 81.
| Beatty v. Kurtz 2 Pet 566. Hop
/ kins " Grimshaw, 165 u. S. S42 IL
is unnecessary to multiply citations
/ in support OF this proposition. as Il
Is beyond controversy and indeed
has been admitted by both Of the
defendants.
In First Presbyterian church, OF
Wilmington. Delaware. Incorporated,
V. Bailey, decided by the court Of
chancery OF Delaware. May 8, 1916,
the complainant--the corporation de-
| fendant here-set forth In its bill the
above mentioned deed from Stdham
and averred that H. the complainant
became and was and now is seized
I'm fee and possessed Of said lot or
parcel of land . under and sub
ject to the following religious uses
j and trusts viz: For the use
Of a Meeting House. Burying Ground
and such other pious uses forever as
10 the said First Presbyterian church
OF wilmington. Delaware. incorporate
ed. shall at any time hereafter see
most fitting and convenient and TO
no other use. intent or purpose what
soever.'"
The uses and trusts thus admitted
as i'm force at the date OF the verifi-
cation Of the bill in that case, namely,
April 25, 1916. are. with the exception
OF an immaterial clerical error and
the substitution Of the name Of the
church for the names OF Chalmers and
, others, and their successors, trustees
overseers and elders of the Presby'
terian Church, identical with those sci
forth in the deed from sudham.
Charitable Trust.
Bailey in his answer 10 the bill II
that case averred that said lot, piec
and parcel OF land. together with tn
easement appurtenant thereto wa
and still remains impressed with an'
subject to the religious uses anC
. trusts set forth and contained in para
graph / and paragraph OF said bill
OF complaint" that is TO say. thu
uses or trusts set forth in the convey
ance from Stidham. he fact that this
general public was not the benefciar,
OF the trust or use created by Std
!. ham is unimportant; for IL has be
C. me so we'll settled as TO require nS
citation OF authority that lands ma,
-, validly be dedicated in perpetuity FOL
a pious or charitable use although
i, the enjoyment thereof may not eN
= tend TO the public az large, but onl!
: to the limited portion OF the publt'
= included IN a certain congregation o.
. society, incorporated or unincorpor
a ated.
j. The significance. force and effec
l. Of the pious or charitable trust o
" use created and declared by Sudhan
al with respect TO the benehclaries there
l. under as against those constitutin
d, the agency or instrumentality throug
a which the contemplated beneficen
le ends were intended 70 be accom-
plished. will hereinafter be considere
with some particularly. Under an
a pursuant TO that trust and use meet
a ing house now known as the Histol
IN ical Society Building YVES erected
H. 174O on the land conveyed by Sut
n ham. and subsequently, there was ais
r erected thereon church buildin
c. now known as the First Presbyteria
I'd Church With the exception OF n
s. two portions devoted respectively
on the Historical Society Building ar
be the First Presbyterian Church. all
~. the land conveyed by Stidham WI
Is pursuant TO the trust appropriated
10 the use of and was used as a buryiI
r ground. and immemorially has bee
or maintained by the grantees in Il
H. Stldham deed and their successors
c. title. including the corporation d
he fendant, as cemetery.
It's Bodies I'm the Vault.
e The land so maintained for IN
ns purpose includes the larger part
ne that which the corporation defenda
CT intends to convey In fee to Bail
as above stated and also the abov
n mentioned strip of land IS feet wi
IL in which IL proposes TO give an cas-
IS. ment for the passage of light Al
a. air There have been a thousand
IS. more interments in the cemetery, Z
Il bodies still remaining buried therei
he and IL contains many burial 10
IL vaults, tombstones. monuments, co
- ings. iron fences and other fixtur
n and ornaments appropriate to al
he customary in burying grounds.
he also contains ornamental trees. shru
ID berry and flowers: and paths have be