Wilmington Monthly Meeting of Orthodox Friends v. Ninth Street Co.

Citations

• 10 Del. Ch. 290
• 91 A. 542

Syllabus

<p>Act March 1, 1855 (11 Del. Laws, c. 275) §2, declaring “that no grant, conveyance, devise or lease of any real estate, dedicated or appropriated, or intended to be dedicated or appropriated, to purposes of religious worship, * * * shall vest any right, title or interest” in the person or persons to whom made, unless made to a corporation organized under Rev. Code 1852, amended to 1893, p. 309, c. 39, applies to grants, conveyances, devises, and leases made after the Act of real estate dedicated prior thereto as well as thereafter, and a deed of real estate held in trust for a religious society prior to the Act to new trustees after the Act, as well as a deed seeking to so dedicate real estate after the Act, passed no title.</p> <p>Under Act March 1, 1855 (11 Del. Laws, c. 275) §1, declaring that no grant to or in trust for any person and his successors in any ecclesiastical office shall vest any estate in him or his successor, and that no grant to or for any such person by the designation of his office shall vest any estate in his successor; section 2, declaring that no grant of real estate dedicated or to be dedicated to religious worship, shall pass any title, unless made to a corporation organized under Rev. Code 1852, amended to 1893, p. 310, c. 39, §3, declaring that any real estate within section 2, which has been heretofore granted “to any person or persons in any ecclesiastical office by the designation of such office or otherwise” shall be held in trust for the society, and upon the death of the title holder vest in the society, provided it is then a corporation; section 4, declaring that if it is not so incorporated the title shall escheat to the State; and section 5, declaring that the Secretary of State shall convey it to the society, whenever it shall become incorporated—the quoted portion of section 3 relates to three classes of persons to whom real estate has been granted, and includes grants to laymen as trustees, as well as ecclesiastical officer