231 Mass. 196 | Mass. | 1918
Different aspects of the present litigation have been before this court twice. In Crawford v. Nies, 220 Mass. 61, it appeared that the real estate on Bromfield Street in Boston, where formerly worshipped the Methodist Religious Society in Boston, commonly known as the Bromfield Street Society, had been sold and there was disagreement as to the persons who as trustees should hold the proceeds. Several questions there were settled. It was held in that decision (1) that a public charitable trust in perpetuity was established by the Jackson deed of 1806, (2) that by the Jackson deed the legal title to the land was vested in trustees for the use of the ecclesiastical body worshipping in the building erected thereon, (3) that the consolidation of the Methodist Religious Society in Boston with the Eighth Methodist Religious Society, under the name of the former, was legal and merged'the two into a single society. It also was decided that on the record then before the court (1) there had been no termination of the trust established by the Jackson deed, and (2) that the trustees appointed by the court by decree of 1913 were entitled to the possession of the fund. It there was pointed out, however, that whether the trust created by the Jackson deed had been terminated and hence whether the church trustees had supplanted the court trustees, were questions with reference to which the record did not disclose a full trial.
After rescript but before final decree in that suit the defendants, who comprised the church trustees, the presiding bishop and others, were allowed to file a cross bill, wherein were set forth divers facts respecting the history of the Bromfield Street Church,
It thus is rendered apparent that no decision has been made respecting the beneficiaries under the Jackson deed. That subject has not been involved in the previous judgments and any reference to it was in connection with different matters. All that was said in each of these opinions was directed to the decision of the questions there presented. There was careful deliberation upon those points. It is the general rule that other statements in illustration of the questions actually decided are seldom considered in all their bearings and must be restricted to the propositions decided. Swan v. Justices of the Superior Court, 222 Mass. 542, 545.
It follows that the ascertainment of the beneficiaries under the Jackson deed remains for decision and is not res judicata. Newburyport Institution for Savings v. Puffer, 201 Mass. 41, 46. Leverett v. Rivers, 208 Mass. 241, 244. Newhall v. Enterprise Mining Co. 205 Mass. 585, 588.
It was intimated in the second opinion that under proper circumstances the Attorney General might bring proceedings concerning the further administration of the trust. It may be in consequence of that suggestion that the present proceeding was instituted. This is an information by the Attorney General brought at the relation of the Methodist Religious Society in Boston, an unincorporated religious body acting by named representatives, and of other individual members of that society and of three of the trustees appointed by the court in 1913 against all those trustees. The purpose of the information, as stated in its prayers, is (1) to determine the beneficiaries trader the Jackson deed and in particular the rights thereunder of the Methodist Religious Society in Boston, (2) to enforce the provisions of the Jackson deed as to filling vacancies in the board of trustees, (3) to remove certain of the trustees.
1. The fundamental rule in the interpretation of a trust instrument is to ascertain the intent of the founders from the language employed read in the light of the contemporary circumstances, state of the law and public conditions, the object to be accomplished and all other attendant facts actually or pre-'
It being true that membership in the Methodist Episcopal Church in the United States of America, so far as concerns laymen at least, exists only through membership in a local society, the first purpose stated in the trust of the Jackson deed is satisfied by treating as the beneficiaries those who are members of the local society and who as such are members of the one general church.
The second purpose of the trust, by making imperative the acceptance of such minister as may be assigned to the pulpit of the church, implies the existence of a local society to occupy the building. This power of appointing preachers to all local societies has been called “a cardinal rule of the church.” Hosea v. Jacobs, 98 Mass. 65, 68. It constitutes the essential link between the general conferences of the church and the local society. This purpose of the trust expresses the obligation of the local society to acknowledge its dependence upon the central church authority for the vital matter of pulpit supply.. It recognizes by inference a corresponding power respecting that matter as being reposed in that church authority. It has been held that the use of a building as a place of worship for the Methodist Episcopal Church cannot be continued after the general ecclesiastical authorities have resolved no longer to send its preachers there. Henderson v. Hunter, 59 Penn. St. 335, 342.
The third purpose of the trust relates to the selection of successive trustees to administer the trust. Reference is made to the “ stationed Minister or Preacher . . . who shall have the pastoral charge of the members of the said church.” The indubitable implication of these words is a local society under the ecclesiastical authority of the general church.
The fourth purpose of the trust refers among other matters to the possible sale of the church property for the payment of obligations incurred by the trustees. The local society is expressly recognized as the chief beneficiary of the trust in the provision that the yearly conference shall dispose of the surplus derived from such sale "for the use of the said Society.” This last word can mean only the local society established in connection with the
Doubtless it was an inferable limitation that the society should continue to exist. But a determination as to the ultimate beneficiaries of the fund in case the local society should cease to exist is not now required because the local society continues to exist.
'It was natural in 1806 for a company of church worshippers in Boston to adopt the expedient of a deed whereby the title, to real estate should be taken in the names of a few persons to hold in trust so that the entire use and beneficial interest should be in the members of the society. This was due to the parochial and ecclesiastical history of the Commonwealth during the provincial and early State period. Attorney General v. Federal Street Meeting-house, 3 Gray, 1, 40. See Parker v. May, 5 Cush. 336, 349. The idea of a church building, the legal title to which stood in trustees without an accompanying society attached to it and beneficially interested in it, would have been difficult of comprehension to people in Massachusetts in 1806. Baker v. Fales, 16 Mass. 488, 504, 505. Attorney General v. Merrimack Manuf. Co. 14 Gray, 586, 602.
This analysis of the terms of the trust shows that the beneficiary under the Jackson deed was the local society, which was formed in connection with the church edifice on Bromfield Street. This is in conformity with the view expressed in a different connection in 220 Mass, at page 64. , *
The case has been referred to the same master who already has made two full reports in the former case and whose report now filed covers every material aspect of the facts bearing upon the question whether the beneficial interest in the land and in the fund now standing in its stead was in the society which conducted worship upon the premises or in the persons who might choose to go there to attend the services. The master has found that the first society in Boston for worship according to the doctrines of the Methodist Episcopal Church was formed in 1794. A chapel was erected in the following year. It continued to be the only church of that denomination until 1806, when its male members voted that it was expedient to erect without delay another church building in Boston for the accommodation of many who could not gain admission to the chapel because it was so small. Nine
The defendant Crawford was the plaintiff in the suit before the court in 220 Mass. 61, and his associates as court trustees and the
These findings of fact must be accepted as final, since the evidence is not reported and they are consistent with each other. It is unnecessary to determine how many of them are material and competent. They all are in harmony with the terms of the trust instrument. They show that from the beginning until the present controversy all the parties in interest, both trustees and beneficiaries, have by their words and actions put a practical construction upon the meaning of the trust deed in this particular in conformity with its correct interpretation.
It appears from the master’s report that the statement of trust in the Jackson deed was in the form, so far as here material, commonly adopted throughout the United States by the Methodist Episcopal Church before 1806. The determination of the beneficiary under such form of deed has come before courts of other States in numerous instances. It always has been held, in harmony with the conclusion which we have reached, that the trustees under such form of trust deed hold the church building and estate for the benefit of the local society worshipping therein. Gibson v. Armstrong, 7 B. Mon. 481. Brooke v. Shacklett, 13 Grat. 301,
The beneficiary under the Jackson deed is the society known as the Methodist Religious Society in' Boston. That society, as held in 220 Mass, at page 66, now comprises what formerly were two societies which have been merged into one, bearing that name by order of the bishop in accordance with the discipline of the church. It is the duty of the trustees to hold and administer the trust fund for the benefit of that society. The property rights of the Methodist Religious Society in Boston as it was before the merger follow and inhere in the consolidated society bearing the same name. It has been treated by the constituted authorities of the church as the same society. It has continued to be and is the same society in contemplation of the law. In the performance of their duty the trustees in general must conform to the rules and discipline of the church, which (to quote the words of the Jackson deed) “from time to time may be agreed upon and adopted by the Ministers and Preachers of the said Church at their general conference in the United States of America.” It is manifest that these words mean the rules and discipline existent at the time the question arises, not those prevailing at the date of the deed in 1806. There is nothing at all at variance with this in Sohier v. Trinity Church, 109 Mass. 1, 23.
It is no objection to the execution of the trust that a building is now provided for the Methodist Religious Society in Boston and held by other trustees. The fund, so far as not needed for the repair and maintenance of that building, may be devoted in accordance with the rules and discipline of the church for the benefit of the society. That has been the practical interpretation of the trust through all the years. In 1808 a part of the land conveyed by the Jackson deed was sold and the proceeds applied to the general purppses of the society. The early trustees fitted up the cellar of the church for renting and later raised the building and rented stores on the first floor. The income from these sources was applied to the general expenses of the society. The master has found that “the quarterly conference is the medium which
It follows in the opinion of a majority of the court, that the fund, representing and standing as it does in the place of the Bromfield Street real estate, must be applied to the use and benefit of the society in accordance with the rules and discipline of the church. See, in this connection, Watson v. Jones, 13 Wall. 679, 729, 730; Trustees of Trinity Methodist Episcopal Church v. Harris, 73 Conn. 216, 222, 223; Hardy v. Wiley, 87 Va. 125, 128; Fair v. First Methodist Episcopal Church, 12 Dick. 496, 499, 502; Sanders v. Meredith, 78 W. Va. 564.
2. The trust established by the Jackson deed provides by its express terms for the perpetuation of the board of trustees. The aid of the court in the exercise of its general chancery powers has been invoked twice to appoint trustees, because there were no trustees chosen in accordance with the terms of the trust deed. But, in the opinion of a majority of the court, that did not abrogate the provisions of the Jackson deed in this regard, nor impose forever thereafter on the court the duty of'selecting, and appointing trustees. The court has come to the assistance of the trust in order that it might not fail through want of trustees. But the terms of the trust deed are to be followed in the selection of successors to the trustees appointed by the court whenever vacancies occur. Its terms revive as soon as it becomes practicable to comply with them. A board of trustees having been constituted by the court, vacancies in that board must be filled according to the terms of the original trust instrument, which become now operative and susceptible of effective action to that end.
The qualifications of trustees prescribed by the Jackson deed are not free from doubt. It is provided that when one or more of the original trustees “die or cease to be a member or members of said Church,” the minister having charge of the “members of the said church” shall call a meeting for filling the vacancy and that a person eligible to- election must have been a “member ... of said Church” for one year immediately preceding. The word “church” occurs three times in this clause of the deed. In its
3. Two of the trustees appointed by the court in 1913 were not
One of the trustees appointed in 1913 by the court was not a member of the Methodist Episcopal Church but belonged to another denomination. It was represented to the court by the petitioner and all parties in interest that his appointment was desired. He made no representation personally respecting the matter. He was at that time the organist of the society and was much interested in its affairs. He was one of its board of trustees elected under the discipline of the church. No deceit was practised on the court touching his appointment.. The petition was for the appointment as trustees of the board elected as trustees under the discipline. It was alleged in the petition that all the persons, whose appointment as trustees was requested, were “members of the Methodist Episcopal Church.” The fact that he was not a member was overlooked at the time, but it was known to all the other trustees and to the counsel who presented the petition. No party in interest was under any misapprehension on the subject. His original appointment was valid. The court had jurisdiction of the matter and was not imposed upon as in Sampson v. Sampson, 223 Mass. 451. Under all these circumstances his removal is not required.
The grounds urged for the removal of another trustee are different. Certain members of the old Bromfield Street Society were not satisfied with its consolidation with the other society. They requested the trustees to provide a place of worship different from the church building of the consolidated society. A committee of the trustees was appointed for that purpose, of which Dr.
Decree accordingly.