In re the Corporation of Brick Presbyterian Church
New York Court of Chancery
Petition to sell the church and lands of the petitioners to the mayor, aldermen and commonalty of the city of New-York; and to apply the purchase moneys to the buying of other ground and the erection of another church.
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Petition to sell the church and lands of the petitioners to the mayor, aldermen and commonalty of the city of New-York; and to apply the purchase moneys to the buying of other ground and the erection of another church. The petitioners showed they were the possessors of certain land and of a church edifice, under a grant or perpetual lease from the corporation of the city of New-York at a nominal rent; and which grant contained a condition that the land should not be appropriated, at any time, to secular uses. Also, that a large portion of the families of the church resided at a distance from…
1Opinion of the Court
The Vice-Chancellor :
The matter before the court, as it now appears upon the master’s report and the mass of testimony connected with it, presents questions which go first to the right of the corporation to sell; and secondly, to the expediency of a sale and consequent removal of the church ?
I shall, however, first notice the necessity of coming to this *157court for leave to sell; and, as to the power of the court of chancery in the case.
By a law passed in the year one thousand eight hundred and six, and continued in the statute book to this day, it is de- • j * dared to “ be lawful for the…
2Cases cited1 opinion
- Dutch Church in Garden-Street v. MottNew York Court of Chancery · 1838
3Cited by20 opinions
- Koerber v. PatekWisconsin Supreme Court · 1904
- Mitchell v. . ThorneNew York Court of Appeals · 1892
- Lyford v. LaconiaSupreme Court of New Hampshire · 1909
- Dwenger v. GearyIndiana Supreme Court · 1888
- Chew v. First Presbyterian Church of Wilmington, Del., Inc.District Court, D. Delaware · 1916
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