82 Mass. 329 | Mass. | 1860
The plaintiff in this bill, as executor of the will of Joseph Lawrence, who died on the 21st of February 1859, seeks the aid and direction of the court in respect to a bequest of ten shares of bank stock “ to the Baptist Society in Pocasset, Sandwich, the yearly interest of which is to be appropriated to the support of their minister, while time shall last.”
By the testimony of William A. Barlow, and by the church records, it appears that in April 1838 a Baptist church was organized at the village of Pocasset, and has ever since main
A church is understood, among those whose polity is congregational or independent, to be a body of persons associated together for the purpose of maintaining Christian worship and ordinances. A religious society is a body of persons associated together for the purpose of maintaining religious worship only, omitting the sacraments. A church and society are often united in maintaining worship; and in such cases the society commonly owns the property and makes the pecuniary contract with the minister. But in many instances societies exist without a church, and churches without a society. Churches are not corporate bodies, and commonly have no occasion for the exercise of corporate powers. By our statutes their officers have sufficient corporate powers to enable them to hold any property that may be given to their church. Originally all our religious societies were corporate bodies. The towns at first exercised parochial powers, most of the people of this state being of one denomination. But as varieties of opinion sprung .up, it became necessary to separate the parochial from the municipal business, and the parishes formed separate organizations. Other religious societies were incorporated by special acts'; but many congregations remained unincorporated. Some persons
cited Stebbins v. Jennings, 10 Pick. 183; Baker v. Fales, 16 Mass. 503; Weld v. May, 9 Cush. 188; Going v. Emery, 16 Pick. 114; Bartlett v. King, 12 Mass. 540 ; Bartlett v. Nye, 4 Met. 380; Rev. Sts. c. 20, §§ 3, 25, 39; Sis. 1855, c. 314; 1858, c. 133.
cited Tucker v. Seaman’s Aid Society, 7 Met. 188; Washburn v. Sewall, 9 Met. 280 ; Winslow v. Cummings, 3 Cush. 358 ; Christian Society in Plymouth v. Macomber, 5 Met. 155; Lawrence v. Fletcher, 8 Met. 153; Baker v. Fales, 16 Mass. 505.
It is suggested that the Sts. of 1855, c. 314, and 1858, c. 133, both of which are since repealed, may apply to this case. But we are of opinion that they do not. They were not intended to affect the provision above cited from the Revised Statutes.
The legacy in question not being given to the church, Mr. Barlow is not entitled to receive it. But the persons who usually attend worship at the meeting-house, whether members of the church, pewholders or others, constitute such an unincorporated religious society as is provided for in the Rev. Sts. c. 20, § 25; and they may choose an agent or trustee pursuant to that section, to whom the legacy should be paid. He should be chosen by the male members who are over twenty one years of age. As the legacy is to constitute a permanent fund, it will probably be most convenient for them to have a full and perfect organization under the statute; but they must judge of the expediency of such a course. Decree accordingly.