Mazaika v. Krauczunas

Citations

• 233 Pa. 138
• 81 A. 938
• 1911 Pa. LEXIS 476

Syllabus

<p>Church law — Property rights — Roman Catholic Church — Equity—Act of April 26,1866, P. L. 828 — Bishop—Lay members.</p> <p>1. A court of equity will not enforce a resolution passed at a meeting of a Roman Catholic congregation vesting in the bishop of the diocese as such all the property of the congregation to hold all such property as trustee in accordance with the laws, rules and usages of the Roman Catholic Church, where the evidence shows that under the laws of the church the bishop is invested with the absolute control of the church property. To enforce such a resolution would be to violate the express terms of the Act of April 26, 1855, sec. 7, P. L. 328, which provides that church property “shall not be otherwise taken and held, or enure, than subject to the control and disposition of the lay members of such church.”</p> <p>2. Under the Act of April 26, 1855, P. L. 328, when property has been bequeathed, devised or conveyed to any person or persons whomsoever for the use of any church, congregation or religious society for religious worship the person so acquiring the legal title is as to the property acquired but a dry trustee without any power of control or management.</p>