Aitken's Estate

Citations

• 158 Pa. 541
• 27 A. 1102
• 1893 Pa. LEXIS 1632

Syllabus

<p>• Church law — Corporation—Property—Legacy.</p> <p>The charter of “The First New Jerusalem Society of the city of Pittsburgh and its vicinity, ” provided that all adult persons of good, moral and religious character, who might be attached to the doctrines of the new church, could become members of the corporation. The corporation was authorized to hold real and personal property, and the control of its business was vested in an acting committee or council. The corporation connected itself with the general Swedenborgian church of Pennsylvania. By the organization of this church in Pennsylvania, the bishop and other pastors and ministers constitute the General Ecclesiastical Council, having charge of spiritual affairs, and the council of the laity, having “ charge and control of the civil- and business affairs and of the property of the body of the church, and shall be the representatives of the same in all matters relating to the civil law and government of the country.” There was no provision that the property of the separate societies should become the property of the general church. The Pittsburgh society by a vote of thirty-seven to twenty-two severed its connection with the general church. The bishop of Pennsylvania thereupon appointed trustees to take possession of the society’s property, but this was resisted by the old society. The minority of the old society and the trustees then organized another church under the name of “Church of the Advent, Pittsburgh.” Held, that a bequest to “the New Church of Pittsburgh” should be awarded to the corporation known as. “ The First New Jerusalem Society of the city of Pittsburgh and its vicinity.”</p>