Hennessey v. Walsh
Supreme Court of New Hampshire
Bill in equity. The bill states that McCallion held the clrarcli and parsonage in trust for the purpose of a place of public worship for all the Catholic residents of Portsmouth and vicinity, and for all persons, desirous of attending services in the Catholic form, to attend the public worship therein, to be had according to the Catholic religion and for the conversion of the people to that faith, and that said church was to be a free church, where all people desirous of…
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Bill in equity. The bill states that McCallion held the clrarcli and parsonage in trust for the purpose of a place of public worship for all the Catholic residents of Portsmouth and vicinity, and for all persons, desirous of attending services in the Catholic form, to attend the public worship therein, to be had according to the Catholic religion and for the conversion of the people to that faith, and that said church was to be a free church, where all people desirous of doing so might attend public worship without price. It also states that all the funds contributed afterwards to McCallion…
1Opinion of the Court
Proof of special trust — Resulting trust — Pleading — Roman Catholic church Jurisdiction. It appears, from the facts reported in the case, that the society or congregation usually worshipping in the Catholic church in Portsmouth numbers from 1,500 to 2,000, of whom the seventeen plaintiffs appear to be the only persons dissatisfied with the management of the property. They do not complain of the dedication of this church property to the pious uses of the catholic religion, but appear to claim that the society ought not to be excluded from the management and control of the property.
It is…
2Cases cited2 opinions
- March v. Eastern RailroadSupreme Court of New Hampshire · 1860
- Marston v. DurginSupreme Court of New Hampshire · 1874