Niccolls v. Rugg

Citations

• 47 Ill. 47

Syllabus

<p>1. Religious corporations—on separation—rights of majority and minority stated. In case of a division of a religions corporation, both parties still adhering to the tenets and discipline of the organization, the property should be divided between them in proportion to their numbers at the time of such separation.</p> <p>2. Former decisions. The rule adopted in the case of Ferraria v. Vasconcellos, 31 Ill. 26, applicable to this case.</p> <p>3. Religious corporations—right of voting—should not he confined to members. Upon questions affecting the property of a religious corporation, the right to vote thereon should not be confined to persons only who are members of the church. Those who have contributed to its support, although not members, should be allowed a voice in such matters.</p> <p>4. Same—partition of the property—how effected. In making partition of the property of a religious corporation, in case of a division, mathematical nicety is neither attainable nor important. The only satisfactory mode would be, to count church members by virtue of their membership, and in addition, to count as members of the congregation, all pew-holders.</p>