Burke v. Roper
Supreme Court of Alabama
Appeal from the Chancery Court at Mobile. Heard before the lion. John A. Foster. The bill in this case was filed by William H. Roper and others, members of the Stone Street Baptist Church (colored) in Mobile, and also of two charitable associations organized among the members of said church; against Benjamin Burke, the pastor of the church, Hal Campbell and others, trustees of said associations, and other members who adhered to them, and against the partners composing the…
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Appeal from the Chancery Court at Mobile. Heard before the lion. John A. Foster. The bill in this case was filed by William H. Roper and others, members of the Stone Street Baptist Church (colored) in Mobile, and also of two charitable associations organized among the members of said church; against Benjamin Burke, the pastor of the church, Hal Campbell and others, trustees of said associations, and other members who adhered to them, and against the partners composing the banking-house of Thos. P Miller & Go.; and prayed an account of the funds belonging to said associations in the 'hands of…
1Opinion of the CourtClopton, J.
“ The Belief Treasury of the Stone Creek Baptist Church” is an unincorporated association, organized for the purposes of nursing and caring for sick members, providing necessary maintenance, and medical attention during illness, and of burying such as should die from time to time. The common fund was created by initiation fees and monthly *142contributions. Such fund is not a charitable trust, as recognized and known under the common law, and sustained by courts of equity. The requisites to such trusts are, that they must be public in their nature, and the persons to be benefited must be vague,…
2Cases cited4 opinions
- Corporation for the Relief of Poor Distressed Presbyterian v. WallaceSupreme Court of Pennsylvania · 1831
- Williams v. PearsonSupreme Court of Alabama · 1862
- Mears v. MoultonCourt of Appeals of Maryland · 1869
- Penfied v. SkinnerSupreme Court of Vermont · 1839
3Cited by28 opinions
- Gewin v. Mt. Pilgrim Baptist ChurchSupreme Court of Alabama · 1909
- Minns v. BillingsMassachusetts Supreme Judicial Court · 1903
- Hundley v. CollinsSupreme Court of Alabama · 1901
- Marshall v. MarshallSupreme Court of Alabama · 1888
- Stewart v. WhiteSupreme Court of Alabama · 1900
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