Legal Opinion

Brendle v. German Reformed Congregation

Supreme Court of Pennsylvania

Decided July 1, 1859PublishedCited by 19 opinions

Appeal in Equity from the Common Pleas of Lebanon county. This was a bill in equity by Joseph Brendle, Joseph Richards, and Henry Stump, members of the German Reformed Congregation of Jackson township, Lebanon county, against the said congregation and Daniel Musser, and others, its trustees, to restrain them from mortgaging certain real estate belonging to the said congregation, and held by them in trust for certain specific uses.

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Appeal in Equity from the Common Pleas of Lebanon county. This was a bill in equity by Joseph Brendle, Joseph Richards, and Henry Stump, members of the German Reformed Congregation of Jackson township, Lebanon county, against the said congregation and Daniel Musser, and others, its trustees, to restrain them from mortgaging certain real estate belonging to the said congregation, and held by them in trust for certain specific uses. The facts of the case are fully stated in the opinion of the court below, which was delivered by Pearson, P. J.:— “From the bill, answer, and concessions on the…

1Opinion of the Court

The opinion of the court was delivered by

Lowrii, C. J.

The principles decided in Kerlin v. Campbell, 15 State R. 500, and in Griffitts v. Cope, 17 Id. 99, very clearly require the affirmance of this decree.

In 1745, Casper Wistar, for the consideration of £40, conveyed to Yalentine Hergebrood and others, in fee, one hundred acres of land; and shortly afterwards, the grantees executed a declaration of trust, whereby they declared that they did not buy the land for themselves, but by the direction of this congregation, that the deed was made to them so that they and their successors chosen by the…

2Cited by19 opinions

  1. Canovaro v. Brothers of the Order of Hermits of St. AugustineSupreme Court of Pennsylvania · 1936
  2. Anderson v. AchesonSupreme Court of Iowa · 1907
  3. Abel v. Girard Trust Co.Supreme Court of Pennsylvania · 1950
  4. Krauczunas v. HobanSupreme Court of Pennsylvania · 1908
  5. Chew v. First Presbyterian Church of Wilmington, Del., Inc.District Court, D. Delaware · 1916

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