Trustees of the First Congregational Church v. Stewart

Citations

• 43 Ill. 81

Syllabus

<p>1. Trustees—ownership of property in trust. The title to trust property vests in the trustees for the use of the beneficiaries, and the law empowers them, and imposes it on them as a duty, to use all reasonable and lawful means to execute the trust reposed in them. And, where the right of property is invaded, and its enjoyment by the beneficiaries is prevented, it is their duty to employ all legal means to protect the beneficiaries in its enjoyment.</p> <p>2. Same—church property—who ma/y occupy it. Where property is held by trustees for the exclusive use of a particular organization, that body have the right to enjoy it, according to the usages of the church. Even the trustees, much less others, have no power to pervert it to other uses, except in the usual mode of transferring such property. And any attempt to do so may be restrained. Such a body has the right to use it for the purpose of worship, according to the rules for the government of the church. And they have the right to have such worship performed in the manner and by persons designated by the rules and tenets of the church.</p> <p>8. Same—intrusion by other persons. Other persons cannot lawfully intrude upon such rights. Persons not selected in the mode prescribed by the regulations for the church government, have no right to force themselves into the church, and officiate or conduct the religious exercises; and any one doing so acts in violation of law.</p> <p>4. Demurrer — to bill, admits its truth. A demurrer admits the truth of a bill. And when it stands admitted that a defendant has no right to officiate as the minister of a church, and has not been engaged for the purpose, and that he is determined to continue to do so in the future unless prevented by force, he may be restrained from the performance of such acts. And, notwithstanding there may be a legal remedy, still, it is not adequate to afford complete relief, as there is no measure of the damages sustained by being deprived of the privile