Nicholson v. Daniel

Citations

• 152 Pa. 461
• 25 A. 1022
• 1893 Pa. LEXIS 1001

Syllabus

<p>[Marked to be reported.]</p> <p>Trusts and trustees — Compensation of clergymen — Church law.</p> <p>Defendant, a clergyman of the Protestant Episcopal Church, desiring to establish a mission church in a suburb of Philadelphia inhabited by poor people, obtained the consent of the rectors of the three nearest parishes, in accordance with the canons of the church. One of these rectors and another clergyman agreed to act with the defendant as trustees. A deed to the trustees conveying the real estate for the church edifice provided that the incumbent should be independent in his pastoral functions, except to his canonical superiors. It was understood that defendant was to rely on the offerings of the people for his support, with such aid as he could obtain from outside sources. No pews were to be sold or rented in the church. The defendant assumed control, personally managing both the temporal and spiritual affairs of the church, and during his incumbency of eleven years collected $33,821.08, keeping accurate account of all receipts. Of this sum he paid over to his cotrustee $15,836.46, specially contributed for building or other trust purposes. He also paid out $2,100 for which he did not take receipts. The balance, $15,600, he claimed to retain for his salary during the time he was engaged in the work. There was no evidence that the salary claimed was excessive, but two clergymen testified that it was proper. The testimony showed that defendant had invested in his wife’s name $8,100. It also appeared that he had constantly given away food and money, which had come out of the balance retained on account of salary. During a portion of the time of defendant’s incumbency it appeared that the salary paid to missionaries by the Episcopal Church was $900 to $1,000. The master and court below allowed the defendant $1,000 a year, and surcharged him with the balance which he had retained. Held, to be error.</p> <p>Defendant’s cotrustees had no more control of the compensati