Legal Opinion

Beckwith v. Rector, Wardens & Vestrymen of St. Philip's Parish

Supreme Court of Georgia

Decided October 31, 1882PublishedCited by 19 opinions

Religious Corporations. Trusts. Charities. Corporations. Statute of Uses. Before Judge HlLLYER. Fulton County. At Chambers. May 22, 1882. To the report contained in the decision, the^ following should be added, in connection with the sixth division thereof: Mitchell made a deed to Stephen Elliott, Jr., of Monroe county, “and of the Protestant Episcopal church in the division of Georgia.”

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Religious Corporations. Trusts. Charities. Corporations. Statute of Uses. Before Judge HlLLYER. Fulton County. At Chambers. May 22, 1882. To the report contained in the decision, the^ following should be added, in connection with the sixth division thereof: Mitchell made a deed to Stephen Elliott, Jr., of Monroe county, “and of the Protestant Episcopal church in the division of Georgia.” The habendum and tenendum clause was as follows : “ To have and to hold the said bargained premises unto him, the said Stephen Elliott, Jr., bishop as aforesaid, for the use of the Protestant Episcopal church…

1Opinion of the Court

Speer, Justice.

On the 13th of April, 1847, Samuel Mitchell, for and in consideration of his desire to promote the cause of morals and religion in the land, and one dollar paid, sold and conveyed a certain lot in the town of Atlanta, known as fraction block No. 1, containing three-fourths of an acre, to Stephen Elliott, Jr., of the Protestant Episcopal church, in the division of Georgia, to have and to hold the same as bishop aforesaid, for the use of said church in said division in lee simple.

By deed, dated 16th June, 1847, L. P. Grant conveyed to Stephen Elliott, Jr., lots 33 and 34, Stephen…

2Cases cited8 opinions

  1. Trustees of the Philadelphia Baptist Ass'n v. Hart's ExecutorsSupreme Court of the United States · 1819
  2. Elder of First Baptist Church in Hartford v. WitherellNew York Court of Chancery · 1831
  3. Stephens v. CrawfordSupreme Court of Georgia · 1846
  4. Beall v. Surviving Executors of FoxSupreme Court of Georgia · 1848
  5. Newson v. StarkeSupreme Court of Georgia · 1872

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3Cited by19 opinions

  1. Reid v. BarrySupreme Court of Florida · 1927
  2. Second Refuge Church of Our Lord Jesus Christ, Inc. v. LollarSupreme Court of Georgia · 2007
  3. Pennoyer v. WadhamsOregon Supreme Court · 1891
  4. Moss v. YoungbloodSupreme Court of Georgia · 1938
  5. Murphy v. JohnstonSupreme Court of Georgia · 1940

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