Legal Opinion

In re Westminster Presbyterian Church

Appellate Division of the Supreme Court of the State of New York

Decided March 24, 1910PublishedCited by 1 opinion

Appeal by the petitioner, the Westminster Presbyterian Church of West Twenty-third' Street, from an order of the Supreme Court, made at the Hew York Special Term and entered in the .office of the .clerk of the county of Hew York on the 17th day of Hovember, 1909, confirming the report of a referee, arid also from an order entered in said clerk’s office on the 3d day of December, 1909, denying the petitioner’s motion for a resettlement of said first order.

1Opinion of the Court

Scott, J.:

In this proceeding for leave to sell church property the petitioner appeals from an order permitting “ The Trustees of the Presbytery *302of Mew York ” to intervene and become a party to the proceeding. The order was made after the court, for its own information, had ordered a reference to take testimony as to the right of the intervenor to come-into the proceeding. The Westminster Presbyterian ■'Church of West Twenty-third Street , was a consolidation, in the year 1899, of two churches, and until,March 18,1908, was connected with and under the ecclesiastical control of the Presbytery…

2Cases cited2 opinions

  1. Watson v. JonesSupreme Court of the United States · 1872
  2. Matter of First Presbyterian Soc. of BuffaloNew York Court of Appeals · 1887

3Cited by1 opinion

  1. Nussbaum v. Wooster Baptist TempleOhio Court of Appeals · 1953

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