8 Barb. 135 | N.Y. Sup. Ct. | 1849
The Presbyterian Church of Amsterdam village, &c. one of the defendants, was regularly incorporated under the “act to provide for the incorporation of religious societies,” passed March 27th, 1801. By the 4th section of that act the trustees of every congregation incorporated under the act were authorized and empowered to take into their possession and custody all the temporalities belonging to the congregation, whether the same consisted of real or personal estate, and whether the same had been given, granted or devised directtly to such congregation, or to any other congregation for their use. That section also authorized the trustees to recover, hold, and enjoy all the debts, demands, rights and privileges, and all churches, meeting houses, &c. with the appurtenances.
This general iticorpor'ati'ng act was re-enacted in lime verba, with the addition of a few more sections, on the 5th of April, 1813. The act of April 5th, 1813; was not revised or repealed when the revised statutes were adopted; and it still remains in force. (See 3 R. S. 244, 3d ed.) Section 11 of the act of April 5th provides that the chancellor, upon the application of a religious incorporation, &c. may make an order for the sale of any real estate belonging to such corporation, and may direct the application of the proceeds of the sale, &c. In the Dutch Church in Garden-street, v. Mott (7 Paige, 81,) the chancellor held that the 4th section of the act of March, 1801, transferred to the trustees of an incorporated religious society, without any conveyance, the legal title of any real or personal property held in the name of others upon a mere naked trust, for the use of the church or congregation, or of the corporators. The 4th section of the act of April 5,1813, is a literal copy of the 4th section of the act of March, 1801.
Daniel Deforest and his associates, who, as the building committee appointed by the congregation, purchased the site of the new church, by taking the deed in their own individual names as grantees, acquired and held the title as mere naked trustees for the use of the congregation. And this legal title was, by the 4th section of the act of April 1813, immediately transferred to the trustees of the corporation. It may be objected, as the use or trust in favor of the corporation is not expressed in the deed, or manifested by some declaration of trust in writing, that it is void under the statute of frauds; which declares that nti
In Tucker v. The Rector, &c. of St. Clement's Church, (8 N. Y. Legal Observer, 257,) the superior court of the city of New York decided that the powers of religious corporations in
But under another view which may be taken of this case, the corporation had an equitable interest in the new church edifice and lot, which a court of equity will protect. It is a rule in equity that no party is permitted to purchase an interest in property and hold it for his own benefit, where he has a duty to perform in relation to such property, which is inconsistent with the character of a purchaser on his own account, and for his individual use. (Van Epps v. Van Epps, 9 Paige, 241. Torrey v. Bank of Orleans, Id. 649.) And if he takes a conveyance in his own name he will, in equity, be considered as holding the estate in trust for his principal or cestui que trust. (Sweet v. Jacocks, 6 Paige, 355.) And a subsequent purchaser with notice of the trust becomes a trustee, chargeable with the trust, notwithstanding he may have paid a full consideration. (1 John. Ch. 450, 566; 4 Id. 135.) In this case Deforest and his associates acted as agents and trustees of the corporation, or of the corporators, in the purchase of the site of the new church, and in the erection of the new church thereon. They paid for the lot, and the expenses of the new church, with moneys belonging wholly to the corporation. The moneys so paid were composed of the proceeds' of the old church lot and edifice, and of moneys raised by subscription from the members of the congregation, which are to be regarded as donations to the corporation and therefore as belonging to the corporation. Deforest and his associates took the legal title to the new church lot as mere naked
The counsel for the plaintiffs contend that the article of uses and trusts in the revised statutes is applicable to religious corporations, and that no trusts in favor of a religious society or corporation are now valid unless they are authorized by that article. If this doctrine is to be received it would subvert all simple trusts in favor of a religious society not incorporated ; and the trustees of the society, when incorporated under the general incorporating act, would have no right or power as authorized by the 4th section of that act, to take into their custody real estate which may have previously been granted to trustees for the use of the society. The act to provide for the incorporation of religious societies was neither revised, or repealed when the revised statutes were adopted. And I believe that act remains in force, with all the attributes it possessed previous to the adoption of the revised statutes. The superior court of the city of New-York, in the case of Tucker v. The Rector, &c. of St. Clement's Church, (supra,) came to this conclusion. In that case Duer, J. and his associates, Justices Mason and Campbell, held that the powers of religious' corporations, incorporated under the general act, were not affected by the provisions of the revised statutes in relation to uses and trusts. Notwithstanding the modification of the law of uses and trusts by the revised statutes, a conveyance to a person for the use of a religious society not incorporated, made since the adoption of the re
But if there should be any doubt about sustaining the validity of a trust in the new church edifice and lot, in favor of the corporation, upon either of the foregoing grounds, there can be no doubt that the trust was valid as a resulting trust, either at common law, or under the article of the revised statutes relative to uses and trusts. I have already stated that the facts of the case authorize me to find that the purchase money for the new church lot, was wholly paid for by the religious corporation. At common law, if a conveyance is made to one person, and the consideration is paid by another, a trust in equity results in favor of him who paid the money. The revised statutes have modified this rule of the common law, and provide that no such trust shall result in favor of the person paying the consideration, unless the conveyance shall have been taken without his consent or knowledge, in the name of the alienee. (Brewster v. Power, 10 Paige, 567. 2 R. S. 14, §§ 51, 52, 53, 3d ed. 4 Kent’s Com. 305, 306.) In this case there is no evidence that either the trustees of the congregation or the corporators, either-consented that Deforest and his associates should take the deed of the new church lot in their own names, or that any one of them had any knowledge, at the time of the execution and delivery of the déed, that it was so taken. A trust therefore resulted in favor of the corporation, and the beneficial interest of the corporation in the lot was immediately, by the 45th section of the article relative to uses and trusts, or by the 4th section of the general act for the incorporation of religious societies, turned into a legal right, (Wait v. Day, 5 Denio, 442. Noyes
If the evidence authorizes the inference that Deforest and his associates purchased the new church lot for their own individual benefit; and took the deed in their own names with intent to defraud the corporation, or the corporators, then a trust resulted in favor of the corporation, on the ground of a purchase by them of the church lot with moneys belonging to the corporation, in violation of the trust reposed in them by the congregation. (2 R. S. 14, § 53, 3d ed. 4 Kent’s Com. 306. 10 Paige, 249.)
If there was no valid trust in favor of the religious corporation, in the church lot, and if the legal title of the lot was in
If a trust resulted in favor of the corporation, on the delivery of the conveyance to Deforest and his associates, which was turned into a legal right, or if the corporation, in any of the other modes herein before mentioned, acquired an equitable estate and interest in the church lot and church edifice, which was transmuted into a legal estate, Yoorhees acquired no title whatever, either legal or equitable, to the pew in question, under his conveyance from Deforest and his associates.
But inasmuch as the trustees of the congregation, in May, 1834, accepted a deed from Deforest and his associates, of the new church lot and edifice, reserving to the owners of the pews or slips the right to use the same in perpetuity, I will regard the deed of S. Yoorhees in like manner, as I would have done, had it been executed by the trustees themselvés. This is the most favorable view of the case which can be taken for the plaintiffs. For as the religious corporation had an equitable estate in the church lot and edifice, of which the plaintiffs'had notice, Deforest and his associates, in their sale of the pew in question to S. Yoorhees, must be regarded as acting merely as trustees of the
Regarding, however, the deed to S. Voorhees as a deed from the trustees of the corporation, the question presents itself, whether the trustees of a religious corporation, incorporated under the act to provide for the incorporation of religious societies, can make an absolute sale in perpetuity of the pews, without the reservation of any rent in the deeds of conveyance. The 4th section of the act, authorizes the trustees to hold and enjoy all churches, <fcc. and all estates belonging to the congregation, &c. and to purchase and hold other real and personal estate ; and to demise, lease and improve the same for the use of the congregation; to repair and alter the churches, and to erect others if necessary, and to regulate and order the renting of the pews in the churches. The 11th section authorizes the trustees to sell any of the real estate of the corporation, on obtaining the chancellor’s order for that purpose. These two sections embrace all the powers of sale and disposition of the real estate, of the corporation, conferred upon the trustees by the act. They have no power to sell, absolutely, any part of the real estate, without the chancellor’s order. They can demise and lease the same, or rent the pews, without such order. Their powers of disposition are limited by the act to a demise or lease of the
The conveyance of the pew in fee to S. Voorhees can not enure as a lease, or be construed to operate as a lease. The court can not make an entire new contract for the parties. They have no power to declare how long the lease shall run, or what rent shall be reserved in it. Here the intent of the parties to convey absolutely, in fee, can not be carried into effect consistently with the rules of law.
I therefore conclude that the conveyance to the plaintiff S. Voorhees of pew No. 45, not being authorized by the act to provide for the incorporation of religious societies, was void, and conveyed no title to him, and that his assignment consequently passed no title to his wife.
But if the trustees had executed a valid lease of pew No. 45 to the plaintiffs, the plaintiffs could not have maintained an action against the trustees to recover possession of the pew, or the place formerly occupied by it. The right acquired by the plaintiffs would only have been a right to the use of the pew during divine service, “in subordination to the more general right of the trustees in the soil and freehold.” They took their title subject to the right and power of the trustees to alter and repair the church. (3 Hill, 26. 4 Paige’s Rep. 302.) The trustees, in repairing and altering the church, exercised a lawful power conferred upon them by statute. The alteration of the church by the trustees, as appears from the evidence, was a judicious and proper improvement, beneficial to the members of the congregation, and was made in accordance with a vote of the congregation. The interest of a pew-holder in his pew is a qualified interest. It is limited to its use during divine worship. It is limited, too, as to time. If the house is burnt, or destroyed by time, the right
The defendants are at liberty to amend their answer so as to conform it to the proof, if they think proper to do so.
Judgment must be entered for the defendants.