Mt. Calvary Methodist Protestant Church Trustees

Citations

• 272 Pa. 453
• 116 A. 319
• 1922 Pa. LEXIS 848

Syllabus

<p>Church law — Inactive or extinct church — Appointment of trustee — Findings of fact — Appeal—Acts <of June 5, 19IS, P. L. 1^35; April 18, 1919, P. L. 72, May 17, 1921, P. L. 861 — Cemeteries— Burial grounds — Sale.</p> <p>1. In a proceeding under the Act of June 5, 1913, P. L. 435, to appoint a trustee for a church alleged to have become inactive or extinct, a finding by a court below on sufficient evidence that the church has not become inactive, or extinct, but is under control of active trustees, although it has no church building, is, under the Act of April 18, 1919, P. L. 12, entitled to the same weight as the verdict of a jury and such finding will not be reversed on appeal.</p> <p>2. Such church property when used as a cemetery, cannot be sold, unless the sale is authorized by statute; the Act of June 5, 1913, P. L. 435, and amendment of May 17, 1921, P. L. 861, make no provision for sale.</p>