25 Del. Ch. 317 | New York Court of Chancery | 1941
This case is before the court on final hearing, and involves the rights of the defendants to use the Pencader Presbyterian Church, at Glasgow, New Castle County, Delaware, for certain religious purposes of a sectarian nature.
The complainants are loyal members of “The Presbyterian Church in the United States of America,” the great national organization of that religious denomination in this country, the real purpose of which is to promote and teach Presbyterian doctrines and tenets. But they are not members of the congregation of the Pencader Church. Moreover, all Presbyterian ministers and all members of local churches are also members of the national organization, and are, therefore, bound by its rules and regulations, and by the religious doctrines for which it stands. “The Presbyterian Church in the United States of America” is a well defined organization, governed by various judicatories, set up by its constitution and rules, and headed by the General Assembly. The Synods, Presbyteries, Church Sessions and Congregations are subordinate bodies in its organization, all having certain well defined functions, but necessarily of a limited scope. Perhaps the details of this organization are more
Henry G. Welbon, one of the defendants, was formerly a duly ordained minister of the Presbyterian Church in the United States of America, in charge of the Pencader Presbyterian Church, but severed his connection with the national organization and with the Presbytery of New Castle, one of its subordinate judicatories, to which the Pencader Church was directly affiliated, in 1936. He was a believer in the religious doctrines primarily advocated by the Rev. J. Gresham Machen, and, after his resignation from the old national Presbyterian Church, became a member of “The Presbyterian Church of America,” a religious organization which had been formed by the Rev. Mr. Machen and his associates some time prior to Mr. Welbon’s resignation.This organization is called a Presbyterian Church, but it has no connection, whatever, with “The Presbyterian Church in the United States of America,” and was created to teach somewhat different religious doctrines.
When Mr. Welbon resigned from the Presbyterian Church in the United States of America, and the Presbytery of New Castle, charges of heresy were pending against him because his announced views were not in accord with the established Presbyterian doctrines and teachings, and the rules and regulations of that organization. The details of the dispute causing the formation of the new Presbyterian Church organization and the action taken by Mr. Welbon are not important, though the question of Modernism and the so-called “Auburn Affirmation” were involved.
Mr. Welbon and his associates, including the defendants, claim that they are advocates of the true faith, and that the old national church has strayed from the Presbyterial path. Moreover, they point out that some of the complainants signed the Auburn Affirmation of faith. But whatever their individual belief may have been at that time, it does not appear that that document was ever approved by
The congregation of the Pencader Church never actually joined the Presbyterian Church of America, but its members. unanimously voted to sever , their connection with the old national Presbyterian Church, and declared that they were no longer associated with that organization, or with the Presbytery of New Castle. That action was apparently taken under the leadership of Mr. Welbon. Though he is no longer a minister, or even a member of the Presbyterian Church in the United States of America, he has continued to act as the minister of the Pencader Presbyterian Church; and, together with the trustees of that church and its congregation, has continued to use it for religious purposes, apparently in association with the Presbyterian Church of America. The complainants deny the defendants’ right to do this, and seek to prevent them from so doing by injunctive process.
The bill alleges that the Presbyterian Church in the United States of America was organized before the United States became a separate nation, but the facts show that it was organized in 1788. That, however, is of no real importance. The Pencader Presbyterian Church was organized at a much earlier date, probably as early as 1710, and possibly even as early as 1706. There may have been one or more
There seem to have been three Pencader Church buildings since the organization of that congregation. Two of them were probably located, in turn, on the land described in the deed of William Davids and David Evans to William Williams, et al., dated June 19th, 1721. The same land, also, seems to have been described in the deed of Margaret Williams, Relict and Executrix, and Thomas Williams, Son and Executor of Roger Williams, to David Howell, et al., dated
The “Trustees of Pencader Presbyterian Church in Pencader Hundred” was not organized as a religious corporation until about 1790. The certificate of incorporation was executed October 24th, 1789, and was duly recorded March 2nd, 1790. That action was taken pursuant to the provisions of Chapter 1446, Volume 2, Laws of Delaware, which was enacted in 1787. The same act appears in the Revised Code of 1829, at page 459.
The precise question in dispute is whether any rights of the complainants as members of the Presbyterian Church in the United States of America, are being violated by the defendants in their use of the Pencader Presbyterian Church to promote the religious beliefs of the Presbyterian Church of America. The same question, on substantially the same material facts, was determined by this court in favor of the complainants at an earlier stage of this case, in overruling the defendants’ demurrer to the bill. Gibson, et al., v. Trustees of Pencader Presbyterian Church, 24 Del. Ch. 270, 10 A. 2d 332. That decision, and the reasoning on which it was based, will be adhered to, and is controlling.
Perhaps the fair inference is that the persons named as grantees in the deed executed by Margaret Williams, et al., in 1746, and who were described as the “Minister & Elders
Under the Act of 1787, any estate, right, title or interest held by the Pencader Congregation in the church property immediately vested in the “Trustees of Pencader Presbyterian Church in Pencader Hundred,” when that religious corporation was organized in or about 1790. Any such title was held “in trust, nevertheless, and to and for the use of” the society or congregation; but that does not determine this case in favor of the defendants. As was pointed out in the opinion previously filed, this court has held that the Act of 1787 merely related to temporal matters; and the title of the Act shows that intent. Gibson, et al., v. Trustees of Pencader Presbyterian Church, 24 Del. Ch. 270, 10 A. 2d 332; Bouchelle v. Trustees, etc., 22 Del. Ch. 58, 194 A. 100; see, also, Hardin v. Baptist Church, 51 Mich. 137, 16 N. W. 311, 47 Am. Rep. 555; 2 Bouv. Law Dict. (Rawles 3rd Rev.), 2867. The only possible reference to religious or denominational matters appears in that part of the Act providing for the incorporation of religious societies or congregations consisting of a specified number of families “statedly assembling at one place of worship.” In that connection, it contains the limiting provision “and being supporters of the gospel of the said society or congregation.” The defendants must concede that if there had been a divided congregation, and any of the church members had adhered to the old national church, the Pencader Church could not be used to promote and teach any other religious beliefs, if they objected to that use. St. Nicholas, etc., Church v. Bilanski, 19 Del. Ch. 49, 162 A. 60; Bouchelle v. Trustees, etc., 22 Del. Ch. 58, 194 A. 100. The defendants, therefore, necessarily admit that trusts of a.religious nature, and pertaining to the use of that church, were implied for the benefit of the Pencader Congregation, though no such provisions were expressly incorporated in the Act of 1787. That admission was neces
The Articles of Faith embodied in the Presbyterian religion were agreed on and established by the proper judicatory of the national organization, with the express or implied consent of the members of the Pencader Church, and for many years it has been dedicated to those religious uses, and the defendants are now using that church to teach other and different beliefs. It seems difficult to escape the conclusion that trusts, with respect to such uses, were implied and can be enforced by the complainants who are members of the national Presbyterian organization, though not of the local congregation. See Watson v. Jones, 13 Wall. 679, 20 L. Ed. 666.
In St. Nicholas, etc., Church v. Bilanski, 19 Del. Ch. 49, 56,162 A. 60, 63, Chancellor Wolcott pointed out that:
“There need be no express dedication of a church property to the worship of God according to the doctrine and faith of a given church in order to affix to it the character which the purpose of its creation and the continued use made of it by its congregation would indicate as its purpose.”
He then added:
“In so far at least as the right is concerned of a faction to take charge of the church and divert its use to other and different purposes of religious worship.”
See, also, Bouchelle v. Trustees, etc., 22 Del. Ch. 58, 194 A. 100.
A decree will, therefore, be entered for the complainants in accordance with the prayers of their bill.