Legal Opinion

Episcopal Diocese v. Harnish

New York Court of Appeals

Decided October 23, 2008PublishedCited by 27 opinions

1Opinion of the Court

OPINION OF THE COURT

Jones, J.

The question before this Court is whether defendant All Saints Protestant Episcopal Church (All Saints, or the parish) held its real and personal property in trust for the benefit of plaintiff Episcopal Diocese of Rochester (Rochester Diocese) and nonparty Protestant Episcopal Church in the United States of America (National Church), such that upon the parish’s separation from the Rochester Diocese its property reverted back to the Rochester Diocese or the National Church. For the reasons stated below, we answer this question in the affirmative.

Background

The…

2Cases cited4 opinions

  1. Jones v. WolfSupreme Court of the United States · 1979
  2. First Presbyterian Church v. United Presbyterian Church in United StatesNew York Court of Appeals · 1984
  3. Congregation Yetev Lev D'Satmar, Inc. v. KahanaNew York Court of Appeals · 2007
  4. Trustees of the Diocese v. Trinity Episcopal ChurchAppellate Division of the Supreme Court of the State of New York · 1999

3Cited by27 opinions

  1. Masterson v. Diocese of Northwest TexasTexas Supreme Court · 2013
  2. Church Of God In Christ, Inc. v. L. M. Haley Ministries, Inc.Tennessee Supreme Court · 2017
  3. Episcopal Church in Diocese of Connecticut v. GaussSupreme Court of Connecticut · 2011
  4. Rector, Wardens & Vestrymen of Christ Church in Savannah v. Bishop of the Episcopal Diocese of Georgia, Inc.Court of Appeals of Georgia · 2010
  5. Blaudziunas v. EganNew York Court of Appeals · 2011

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