Attorney General ex rel. Marselus v. Ministers of the Reformed Protestant Dutch Church
New York Supreme Court
OX appeal to the general term from the judgment of the special term, dismissing the complaint herein-with costs, The relator is a minister of the Reformed Protestant Dutch Church, officiating over an incorporated church of that denomination in the city of Xew York. The defendants are also incorporated under the name hy which they are sued in. this action, and embrace in their organization the congregations and church edifices commonly known as “ the collegiate churches.”
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OX appeal to the general term from the judgment of the special term, dismissing the complaint herein-with costs, The relator is a minister of the Reformed Protestant Dutch Church, officiating over an incorporated church of that denomination in the city of Xew York. The defendants are also incorporated under the name hy which they are sued in. this action, and embrace in their organization the congregations and church edifices commonly known as “ the collegiate churches.” The action is brought on behalf of the relator and all other ministers of the same denomination officiating in the city of…
1Opinion of the CourtDavies, J.
“ At the time the complaint was filed, the income and revenues derived from the trust created by the wills of Steinwyck and Harbendinck, had for more than one hundred years been applied by the defendants and their predecessors to the support of the ministers called by and minis- . tering to the congregations under their control, and forming parts of their corporation. This application had been made to the exclusion of the relator, and all others similarly situated. The presumption arising from this lapse of time, and the uniformity of the practice is, that such application was in strict…
2Cases cited5 opinions
- Dobbins v. Commissioners of Erie CountySupreme Court of the United States · 1842
- Van Kleeck v. Dutch ChurchNew York Supreme Court · 1838
- Van Wyck v. SewardNew York Court of Chancery · 1836
- Beekman v. PeopleNew York Supreme Court · 1858
- Kuypers v. Ministers, Elders & Deacons of the Reformed Dutch ChurchNew York Court of Chancery · 1837
3Cited by2 opinions
- Moratzka v. United States, Agricultural Stabilization & Conservation Service (In re Matthieson)District Court, D. Minnesota · 1986
- Matter of MatthiesonDistrict Court, D. Minnesota · 1986