124 Ga. 310 | Ga. | 1905
(After stating the facts.)
Had this trust been for the church only, section 2353 of the Civil Code (codified from the act of 1805, which was in force when the deed was made) would have been directly applicable. It declares that land conveyed to a church or its trustees for the purpose of erecting a church or meeting-house “shall be fully and absolutely vested in such church or religious society, or in their respective trustees, for the uses and purposes in said deed expressed; to be holden to them, or their trustees, for their use by succession, according to the mode of church government, or rules of discipline exercised by such churches or religious societies respectively.” If, therefore, the only use specified in the deed liad been the erection of the church, the trustees of the Methodist Episcopal Church, chosen according to its method of church government, would be held to be the proper successors of the original trustees. But the trust was for an educational as well as a religious purpose; and therefore the act referred to did not control it. That act does not say that where a trust is created for both a church and an academy, the trustees of the church alone shall take the entire title. The original' trustees appear to have died.' At some time in the past, certain persons styling themselves “trustees of the Fort Yalley Male and Female Academy” held possession of the academy on this property. Who elected or appointed them, or how they claimed to be successors of the original trustees under the deed, does not appear. The usual trustees chosen by the Methodist Church according to its form of government to hold and manage its property seem to have exercised cqntrol over what was considered the interest of the church. Thus the trust property was being held by two sets of trustees, neither being tlie original trustees nor successors shown to have been legally appointed. The deed creating the trust declares that vacancies shall be filled by appointment “by the proper authority.” In the absence of any other provision as to the mode of succession, a court of equity was the proper authority, or, under our system, the superior court exercising equitable power, on proper application therefor.
To authorize the plaintiff to enforce such a trust by proceedings in equity, she must have some pecuniary interest in it, or show that she is a beneficiary who may attend the school herself or send members of her family to it, or in some way avail herself of its educational advantages; and the bare statement that she is a citizen and taxpayer is not sufficient.
It appearing that there are no successors to the.original trustees lawfully appointed, and that the plaintiff has a status in equity as a beneficiary, it follows that the trustees of the Methodist Church should be enjoined from making the sale, and that the court should appoint trustees to succeed those named in the deed. If the trustees appointed by the quarterly conference have not succeeded to the title of the original trustees appointed by the deed, a sale by them would not convey a perfect title, even if the injunction were denied. They could not convey more than they have. The only way in which a complete title to this land can be made is through a court of equity. The complainant, being a beneficiary, may not be entitled to prevent a sale, if the court deems such a sale advantageous to the trust; but she is entitled to have it take place lawfully, so that a good title will be conveyed and a price be realized based upon such a valid conveyance. There is no indication in the evidence that the church trustees desire knowingly to act wrongfully. They doubtless would not wish to make a sale which would not convey a
Judgment reversed.