Wheelock v. First Presbyterian Church of Los Angeles

Citations

• 119 Cal. 477
• 51 P. 841
• 1897 Cal. LEXIS 924

Syllabus

<p>Religious Corporations—Division of Chubch—Action fob Division of Funds—Pasties—Representation of Numerous Members.—Where an incorporated Presbyterian church was divided, by authority of the Presbytery, into two organizations, to each of which was given a new name, and the Presbytery directed a division of funds realized from a sale of real estate of the corporation to be made between the two churches in proportion to their membership, and the minority organized another church in pursuance of the decree of the Presbytery, but the majority repudiated its action, and refused to organize a new church as directed, but retained and insisted upon the corporate name, and refused to pay any part of the funds to the new church, an action in equity may be brought on behalf of the new church to compel an equitable division of the trust funds; and the new church being an unincorporated body, consisting of numerous members, alleged to have a common and personal interest in the cause of action, a few of its members may maintain the action on behalf of themselves and all others of its members, and where the parties defendant consisted of the corporation and its trustees, and of a few individuals who were made members of the other church ordered by the Presbytery to be organized by the majority, who are alleged to be sued on behalf of themselves and all other members ordered to make such organization, and who refused to abide by the action of the Presbytery, there is no defect of parties plaintiff or defendant.</p> <p>In.—Power of Ecclesiastical Court—Authorized Division of Church— Conclusiveness or Action.—Conceding that neither the Presbytery nor a commission appointed by it had power to divide and apportion the moneys of the corporation, and that the division thereof is matter for the civil courts, yet the Presbytery, as an ecclesiastical court, had the power to deal with the Presbyterian church as an ecclesiastical body, in all matters ecclesiastical, and had power to dissolv