Wheaton v. . Gates
New York Court of Appeals
Appeal from the Supreme Court. The general object of the action was to obtain a judgment declaring null and void a certain order of the County Court of Onondaga county, purporting to authorize the sale and conveyance of the church edifice and lot of the incorporated religious society, called the First Congregational Society, Syracuse, and to direct the distribution of the proceeds of such sale; and another order of the same court appointing the defendant Grates a receiver of…
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Appeal from the Supreme Court. The general object of the action was to obtain a judgment declaring null and void a certain order of the County Court of Onondaga county, purporting to authorize the sale and conveyance of the church edifice and lot of the incorporated religious society, called the First Congregational Society, Syracuse, and to direct the distribution of the proceeds of such sale; and another order of the same court appointing the defendant Grates a receiver of said corporation, and authorizing him to reduce its personal property into money, .pay its debts and distribute the…
1Opinion of the CourtDenio, J.
The act to provide for the incorporation of religious societies contains a provision in the following language : “ That it shall be lawful for the chancellor of this state, upon the application of any religious corporation, in case he shall deem it proper, to make an order for the sale of any real estate belonging to such corporation, and to direct the application of the moneys arising therefrom, by the corporation, to such uses as the same corporation, with the consent and approbation of the chancellor, shall conceive to be most for the interest of the society to which the real estate so…
2Cases cited2 opinions
- Freligh v. PlattNew York Supreme Court · 1826
- In re the Minister, Elders & Deacons of the Reformed Dutch ChurchNew York Supreme Court · 1853
3Cited by14 opinions
- Madison Avenue Baptist Church v. Baptist Church in Oliver StreetNew York Court of Appeals · 1871
- Evenson v. EllingsonWisconsin Supreme Court · 1887
- Erwin v. HurdNew York Supreme Court · 1883
- Wolkoff v. Church of St. RitaNew York Supreme Court · 1986
- Niebuhr v. PiersdorffWisconsin Supreme Court · 1869
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