Trustees for the Baptist Church v. Laird

Citations

• 10 Del. Ch. 118
• 85 A. 1082
• 1913 Del. Ch. LEXIS 8

Syllabus

<p>A conveyance to several persons in trust, to be used for the sole purpose of a Baptist meeting house, with a provision for perpetuating the trust by authorizing the survivors to convey to new trustees, was not a conveyance upon condition, which was breached by a sale of the land, but was a conveyance in trust, without any implied restriction against the sale.</p> <p>The Court of Chancery has power to direct a conveyance of an estate held under a charitable trust, and the same power may be exercised by the Legislature, as was done by an Act, authorizing the named trustees of the First Baptist Church of Wilmington to convey lands held under a charitable trust, the proceeds to be used for the same purpose as the original trust.</p> <p>Under a general law empowering the Chancellor to authorize a trustee to sell the trust property free from the trust, if the sale be not expressly prohibited by the instrument creating the trust, the Chancellor may direct a. sale of trust property to apply the proceeds to the same purpose, though the creating instrument directs that the trust property be used only for a certain-purpose, there being no express prohibition of sale.</p> <p>A conveyance of land to named persons as “Trustees for the ‘Baptist Meeting in the Borough of Wilmington, State of Delaware,’ ” when the corporate name adopted was “Trustees for the Baptist Church in the Borough of Wilmington, State of Delaware,” was valid, notwithstanding the use of the word “Meeting” instead of “Church”; the same corporation being intended.</p> <p>Where a deed conveyed land to trustees of a charitable corporation, who had no active duties to perform as to such land, both the legal and equitable title vested in the corporation; the trust being a dry trust.</p>