192 Ky. 285 | Ky. Ct. App. | 1921
Opinion op the Court by
— Affirming.
The United Society of Believers, commonly known as Shakers, had its origin in France prior to 1706. Their fundamental doctrine was that the second coming of Christ was near. A small society was organized in England in 1747.' Because of her persecution, Ann Lee (to whom, according to their belief, Christ had revealed himself) came to this country in 1774. As a result of Ann Lee’s work, a colony was organized at Mt. Lebanon, New York, in 1787. This became the parent church and from it branches were established in many states. Headquarters for the western country were opened in Union Village, Ohio, in 1805. The society in Kentucky had its beginning in Mercer county in August, 1805, at a place appropriately named Pleasant Hill. Here the society greatly prospered, reaching the zenith of its glory, power and affluence at a date prior to 1896. There were 450 members in the society at one time and it had title to 6,000 or 7,000 acres of property, including some of the best land in the county.
The history of Pleasant Hill, the activities and achievements of its people, their profound faith in G-od and their quaint customs make a most interesting story. Because of their emotional nature and the fact that in their religious service they were often exercised with great agitations of body and limbs, shaking, running and walking the floor, with a variety of signs and motions, they received the appellation of Shakers.
The members practiced communism and in order to enter the sacred privileges of the church relation, they were required to first settle all just claims of creditors and filial heirs and then followed a dedication and consecration of their persons, services and property to the pious and benevolent purpose of the gospel. Celibacy is a cardinal principle of their belief. Accessions, including children, were necessarily sought and obtained from the outside. Married persons could become members, but they ceased to live together upon joining the society.
An affirmance by the United States Circuit Court of Appeals of a judgment against tlie society on a note executed by one of the trustees necessitated the execution of a mortgage of their property to the Kentucky Title Company of Louisville for $30,000. This was in January, 1896, at which time the society had disposed of nearly onelialf of its property; the mortgage embraced 3,334 acres. To lift this mortgage considerable of the land had to be sold. Despite frequent sales of land to pay accruing debts, the property was allowed to deteriorate; the fences were practically gone, the houses and barns were in bad state of repair, and the land, to use the expression of one witness, “had been cultivated down to the clay.” Truly pathetic was the situation that confronted' those good people and gloomy the outlook when, in September, 1910, the remaining covenant members of the society, eleven (11) in number, held a meeting looking to their future welfare. Fully cognizant of their deplorable condition and that it was imperative some action be taken to provide for their support, a committee of three was appointed with authority to enter into such contracts as would guarantee to them proper support and comfort during the remainder of their lives. This authorization included the right to encumber or convey the property.
Carrying out the suggestion of this meeting the committee, with the assistance of counsel, decided the best plan would be to convey the property to some one willing and able to provide for them. Mr. George Bohon, a non-member of the society and a leading citizen and banker of Harrodsburg, was prevailed upon to accept the trust. The property, consisting of 1,400 acres, was conveyed to Bohon. He took possession of it and undertook the care of the members of the society who continued to live on the property. Between the date of the conveyance and October, 1912, Bohon expended a net sum of $20,371.08 on the property. The transfer of the property resulted in protracted litigation, this being the third suit that has found its way to this court.
Under Ky. Stats., sec. 323, the county superintendent of schools of Mercer county, filed a petition alleging the society had been dissolved and therefore the Shaker
In Easum v. Bohon, Extx., 180 Ky. 451, 202 S. W. 901, L. R. A. 1918D, 144, it was alleged the society was a purely charitable institution whose purposes and objects had failed and that the conveyance to Bohon had effected its dissolution, hence it was sought to have an accounting and distribution-of the property to the members living at the time of the dissolution, and to the descendants of the deceased members. The petition in this suit was likewise dismissed.
The present suit was instituted by the Board of Parent Ministry of the United Society of Believers, and others, to set aside the deed to Bohon on the ground that it was obtained by fraud and without authority. A like order was asked in regard to a deed from Bohon to Pennebaker, executed in 1913, and of a quit claim deed from appellants to Bohon in 1912. It was alleged the deed to Bohon effected a dissolution of the 'society and therefore the Shaker property reverted to appellants for the benefit of the various Shaker societies in the United States. Upon final hearing this petition was dismissed and this appeal followed.
It is urged that under the covenants of the society, property is not held for any individual nor owned by any branch of the society but is a consecrated whole devoted to the society as a whole and upon the dissolution of any branch or colony all property held by it reverts to the parent ministry.
Aside from a recognition of the Mt. Lebanon, New York society as the mother church, an occasional reference to it in the records kept by the three colonies, to-wit: Pleasant Hill, Mt. Lebanon and Union Village, and the evidence of certain reports made to the parent society, we find nothing to indicate that appellant society has any right, title, interest or claim in or to any of the property owned by the Mercer county Shakers. Beginning as far back as 1821, in the conveyances of all property purchased, the grantee is designated as the society at Pleasant Hill, in Mercer county, nor do the deeds contain any reference. to or intimation of any interest on the part of any one else.
In a circular epistle sent to all the societies from Mt. Lebanon in 1829 appears this significant statement:
‘ ‘ ... and otir mutual faith and love are the only bonds of union that have been found necessary, so. far as regards our relation to God and each other as a separate and peculiar people.”
And in the same document we find:
“ . . . hence it becomes indispensably necessary that our temporal interest be secured in the hands of trustees. ... ”
A very solemn ceremony usually attended the elevation of a member to the important office of trustee. He was required to execute a declaration of trust in conformity to the provisions of “the covenant and constitution of the United Society of Believers, commonly called Shakers, at Pleasant Hill, in the county of Mercer, and state of Kentucky. ’ ’
Of the three trustees at the time of the conveyance to Bohon, one (P. W. Pennebaker) .was inducted into office in 1904. He became a trustee of the church and society at Pleasant Hill.” As such he was to hold, manage and improve the temporal property of said church and society for its use and benefit and to buy, sell and transact business in behalf of same. The investiture was of the legal title to all the property belonging to said church and society. And so throughout the entire instrument the repeated use of the participial adjective “said” could refer to none other than the Pleasant Hill society. Of this branch alone were they trustees.
The Mercer county society entered into a church covenant or constitution in 1814, but as their written agreements were not, like the laws of the Medes and Persians, unalterable, this covenant was changed from time to time. Others were executed in 1830 and 1844. It is upon these covenants that much stress is placed by counsel for appellants to substantiate their claims in the present suit;
“We the Brethren and Sisters of the United Society of Believers, (called Shakers), residing in the county of Mercer and state of Kentucky, being connected together as a religious and social community, distinguished bythe name and title of The Church of the United, Society at Pleasant Hill, which, for many years, has been established and in successful operation under the charge and protection of the Ministry and Eldership thereof; feeling the importance not only of renewing and confirming our spiritual Covenant with God and each other, but also of renewing’ and improving our social compact, and amending the written form thereof, do make, ordain and declare the following articles of agreement as a summary of the principles, rules and regulations established in the Church of said United Society which are to be kept and maintained by us, both in our collective and individual capacities, as a COVENANT or CONSTITUTION, which shall stand as a lawful testimony of our religious association before all men, and in all cases of question and law, relating to the possession and improvement of our united anc! consecrated interest, property and. estate. ’ ’
Acknowledgment of the ministry at Mt. Lebanon as the general center of union is found in article 1, section 2. But throughout the entire document this recognition of the ministry as before suggested seems to have reference only to the spiritual and primary authority of the society or pommunity in all matters pertaining to the ministerial office. Visiting brethren from the mother church and from the society at Union Village, would oftentimes be present and preside over the meetings at Pleasant Hill. But nowhere do we find in the well and neatly kept records of the societies anything indicating that either the parent society or the one at Union Village had aught whatever to do with the property belonging to the Mercer county colony. It is admitted in appellants’ brief that no question was raised by the parent ministry in regard to the disposition of property by the Pleasant T-Till society until the conveyance to Bohon. This is explained by the fact that when those sales were made the society was a going concern and the sales and conveyances were
As we take it the relation of the local branches of the .center of union and the parent society is strikingly similar to that of the Methodist church, which has its general, annual, district and church conferences, the first named being the final authority in matters pertaining to church government and discipline. Methodism is divided into a number of annual' conferences, each of which is presided over by a bishop, elected by the general conference. These annual conferences in turn assign to the several churches the pastors for the succeeding conference year. While the annual, as well as the district, conferences may own property, such for example as an orphanage or a district parsonagu, and while the authority of the bishop, presiding elders and superior conferences in all matters disciplinary and governmental is fully recognized and respected by the local churches, no authority other than the local church has any voice in the management, control or disposition of its church property, title to which under the law of the- church is vested in trustees.
But if there was any doubt, (and we entertain none) about the conclusion we have reached to the effect that appellants have no claim or interest in the property at Pleasant Iiill, this doubt would be dispelled by two events that took place subsequent to the execution of the conveyance to Bohon. First, in October 1912, pursuant to
“The foregoing contract and deed of sale between George Bohon and the society of Shakers at Pleasant Hill, Kentucky, is hereby ratified and confirmed this 18 Hi of October, 1912. Joseph Holden, for central ministry of Mt. Lebanon, N. Y. ”
This visit was reported to the parent ministry. Apprised of the sale to Bohon the head of the parent church assented to and approved the conveyance. Certainly no one at the time entertained any idea of making claim to the property.
Second. Mindful of the fact that the Kentucky Title Company had required the parent ministry to give its consent to the execution of the mortgage to it, and with the evident'purpose of trying to avoid any possible claim of title or interest in or to the property on the jiart of that society, such for example as is being made in the instant suit, Bohon in September, 1910, mailed to the parent ministry a quit-claim deed to the property conveyed to him by the Pleasant Hill society. This, quit-claim deed was executed November 16, 1912, by Joseph Holden, Harriett Bullard and M. Catherine Allen for the ministry of the home society at Mt. Lebanon, and in it the first parties ratify and confirm said conveyance to' Bohon and quit-claim any and all rights of the first parties to the property conveyed and upon the terms, conditions and stipulations contained in the said deed. Letters confirmatory of this transaction were later written by Holden to Bohon.
Thus it seems that not only in the endorsement on the deed itself and in the quit-claim deed, but in the letters last mentioned the parent society fully recognized it had no claim or interest in or title to said property, or if it did they were willing to and did endeavor to waive and convey any such claim or title in the Mercer county land. Furthermore it appears that when the Pleasant Hill colony was in financial straits they applied to the parent ministry for succor, but this was denied them, and they were told to manage their property to the best advantage under the circumstances. Before the conveyance to Bohon they again applied to the parent ministry
It is rather significant, too, that when Elder Holden returned from his conference with Bohon at Cincinnati, and before the quit-claim deed was signed, he told his people that the place at Pleasant Hill was run down and very much out of repair; that the people were absolutely helpless and must be cared for. He also reported a statement of Bohon that if he (Bohon) was reimbursed for what he had expended in repairs and in caring for the remaining Shakers and was paid the sum of $10,000, due him for money loaned the Pleasant Hill Shakers prior to the conveyance, he would be glad to convey the property to the parent ministry, if they would provide a caretaker for the remaining members and see that they had a respectable burial. This offer was never accepted.
In March, 1913, Bohon and wife conveyed to W. F. Pennebaker, trustee for Sarah E. Pennebaker and three others, all of the grantees being members of the society, 576 acres of the land Bohon had received in 1910, upon the condition that Pennebaker would carry out the undertaking of Boh on’s agreement as to the care and provisions of those named.
Bohon retained the remaining portion of the property and undertook the care of the remaining Shakers, of whom at the time the proof was taken there was but one, Sister Mary Settles; W. F. Pennebaker being the sole survivor of those he, Pennebaker, had agreed to care for. Sister Mary says the people have been very kind to her; that her board is furnished, likewise her clothing, and that she has a maid to take care of her. This indicates that the agreement to provide for the comfort and welfare of these unfortunate people has been fully and faithfully kept.
On the whole case we are satisfied that appellants had no right, title,' interest or claim in or to any of the property of the Pleasant Hill society. Entertaining this view it necessarily follows the lower court did not err in ordering a dismissal of the petition. The judgment is accordingly affirmed.