152 Wis. 147 | Wis. | 1913
The plaintiff brings this action to have a trust declared in the funds in the hands of the defendant in favor of those religious beliefs which are aided by plaintiff and to have itself or some other suitable person appointed trustee of
The questions involved are: (1) Was the defendant at its inception organized as a Universalist society? (2) If not, did it become such a society by subsequent action of its members? (3) If it be assumed that a charitable trust was created, does the complaint show that the administration of such trust should be taken from the defendant and vested in some one else?
1. The complaint furnishes an obvious answer to the first question. The defendant was organized as an independent, nonseetarian, religious society. Members of any Christian sect, Jews, Mohammedans, Buddhists, Brahmans, or Confucians might join it without surrendering or sacrificing any of their religious beliefs. The complaint alleges that the membership of defendant was made up of Universalists, Unitarians, and of those who professed no particular religious creed. It is not contended that the Universalists do not profess and maintain sectarian doctrines which are at variance with those subscribed to by the members of most of the other Christian denominations, or that an Universalist society is not a sectarian body. The complaint clearly negatives the idea that the defendant originally was an Universalist society.
2. It is alleged that in 1872 the “executive board and general annual convention of the plaintiff” met in the defendant’s church and that such church was then dedicated to the Universalist faith, and that such dedication was made without objection from any member or officer of the defendant. It does not appear from the complaint that this dedication was anything more than a religious ceremony. Admitting that all of the members of said defendant might consent to
3. It is quite clear that the object of the plaintiff in bringing this action was to secure- the funds in the hands of the defendant, for the purpose of promoting the objects and pur
It is often a difficult as well as a delicate question to determine whether a certain transaction creates a charitable trust. Our legal literature has been enriched or at least augmented by many more or less illuminating discussions of the subject. The present case affords a tempting opportunity to clarify or complicate the law on the question. The exercise of what we conceive to be sound discretion prompts us “to let well enough alone.” It is not necessary to decide whether or not a charitable trust was created and we do not decide the question. If such a trust was created in the present instance, then the corporation which is named as defendant was and is the rightful trustee. It is only in ease of a real or threatened diversion of the trust funds or property, or of mismanagement, incompetence, or dishonesty, that a court may interfere to remove the regularly appointed trustee and name another in his stead. There is no allegation in the complaint that the defendant or its officers have squandered any of the money referred to or that they threaten or intend to do so or that they threaten or intend to divert it to any unlawful purpose or to any purpose for which they have not the right to use it. The complaint does show that for a time the church property was not properly cared for and that it became dilapidated. Defendant remedied this situation by selling the property after having first obtained leave of court. No complaint is directed toward the handling or management of the money now in defendant’s hands.
By the Gourt. — Order affirmed.