Trustees of the First Congregational Church v. Stewart
Illinois Supreme Court
Appeal from the Circuit Court of Bond county; the Hon. Joseph Gillespie, Judge, presiding. This was a bill in chancery, filed by the Trustees of the First Congregational Church,- in the Bond Circuit Court, against Robert Stewart.
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Appeal from the Circuit Court of Bond county; the Hon. Joseph Gillespie, Judge, presiding. This was a bill in chancery, filed by the Trustees of the First Congregational Church,- in the Bond Circuit Court, against Robert Stewart. The bill alleges that the church is-legally incorporated according to law, and that the complainants, as trustees, are entitled to the possession of the church edifice and are in possession of the key to the same; that defendant on different occasions forcibly and against their will and without authority did usurp the right to, and did officiate as the pastor and…
1Opinion of the CourtChief Justice Walker
It is admitted both by the demurrer, and in argument, that appellants own the property as trustees of the church. This being so, the legal title is vested in them, to be held for the benefit of the cestuis que use. And they are empowered by the' law, and it is their duty, to use all reasonable and lawful means to execute the trust reposed in them. And, where the right of property is wrongfully invaded, and the enjoyment of the property by the beneficiaries, or any portion of them, is prevented, according to the uses and trusts declared, it becomes the duty of the trustees to employ all…
2Cited by3 opinions
- Ada Street Methodist Episcopal Church v. GarnseyIllinois Supreme Court · 1872
- Hatchett v. Mt. Pleasant Baptist ChurchSupreme Court of Arkansas · 1885
- Whitecar v. MichenorNew Jersey Court of Chancery · 1883