Legal Opinion · Concurrence
In Re Church of St. James the Less
Supreme Court of Pennsylvania
Decided December 29, 2005No. 47 E.D. Appeal Docket 2004Published
1ConcurrenceJustice Newman
I agree with the decision of the Majority to reverse the Order of the trial court declaring the Bishop and Standing Committee the title holders of the property at issue in this case. Nevertheless, I reject the Majority’s determination that that property is subject to a trust interest in favor of the Diocese because I do not believe that Appellees have produced clear and unambiguous evidence that St. James intended to create such a trust.
St. James was founded in 1846 by laypeople living in what is now the East Falls section of the City of Philadelphia. In re Church of St. James the Less, 833…
2Cases cited7 opinions
- Jones v. WolfSupreme Court of the United States · 1979
- Presbytery of Beaver-Butler v. Middlesex Presbyterian ChurchSupreme Court of Pennsylvania · 1985
- Bair v. Snyder County State BankSupreme Court of Pennsylvania · 1933
- Presbytery of Beaver-Butler of the United Presbyterian Church in the United States v. Middlesex Presbyterian ChurchSupreme Court of the United States · 1985
- Presbytery of Beaver-Butler of the United Presbyterian Church in the United States of America v. Middlesex Presbyterian ChurchCommonwealth Court of Pennsylvania · 1984
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