Babcock v. African Methodist Episcopal Zion Soc. of Hartford
| Decision Date | 30 April 1918 |
| Citation | 103 A. 665,92 Conn. 466 |
| Court | Connecticut Supreme Court |
| Parties | BABCOCK et al. v. AFRICAN METHODIST EPISCOPAL ZION SOC. OF HARTFORD et al. |
Appeal from Superior Court, Hartford County; Milton A. Shumway and Lucien F. Burpee, Judges.
Action by Benjamin E. S. Babcock and others against the African Methodist Episcopal Zion Society of Hartford, Morris Hill, and others. From a judgment for plaintiffs, all of the defendants except the society appeal. No error.
Action by Babcock and others, as members of the defendant society and of its board of trustees and of the church connected with said society, and Richard R. Ball, as pastor of said church and ex officio member of said board, for themselves and those similarly situated, against said society and Morris Hill, claiming to act as trustee under a deed of March 1, 1862, brought to and tried by the superior court in Hartford county, Burpee, Judge; facts found, and judgment rendered for the plaintiffs, and appeal by the defendants.
The complaint claimed, first, an order for the sale of the church property of the society on Pearl street, in Hartford, and the investment of the proceeds, partly in other Hartford real estate, and the balance as the court might deem proper to secure the objects of the trust created by the trust deed of March 1, 1862; or, second, the appointment of a trustee to carry out the purposes of the trust; and, third, such other and further relief as the court might deem equitable. The society made default of appearance, but the plaintiffs, the defendant, said Hill, and other members of the society who were made defendants on their own motion appeared, and were at issue to, and were heard by, the court. The court found the following facts:
The defendant society is a duly organized ecclesiastical society located in Hartford. The plaintiffs are members of it. On March 1, 1862, it owned land, with a church thereon, situated on the south side of Pearl street, in Hartford. A parsonage also now stands on the land. On that day, the society committee, duly empowered by vote of the society, executed and delivered to James B. Hosmer, Thomas Smith, and Samuel Coit, all of Hartford, a deed of said premises, which, by the following words, created a trust:
"In trust, honor, and confidence that the said grantees shall at all times suffer and permit the said ecclesiastical society, known as the 'African Methodist Episcopal Zion Society,' to use and occupy said land and building for the purpose of a place of religious worship, and for all the uses for which said ecclesiastical society may lawfully need the same, and in further trust to sell and convey said land and building whenever, in the concurrent opinion of the grantors, as expressed by their vote at a legal meeting duly called, and the grantees, it shall be for the best interest for said ecclesiastical society to sell the same, and, in case of such sale, then in further trust to invest the avails of such sale in another lot of land and house of worship for said ecclesiastical society."
The deed contained the further provision that:
"In case of death or resignation of either of the aforesaid trustees, the grantees, the remaining trustees, may fill the vacancy."
Since the delivery of this deed, said Hosmer, Smith, and Coit have died without making any conveyance of the premises and without appointing any successor. On November 16, 1898, the court of probate for the district of Hartford, on the application of the society, appointed Jackson Ross, Morris Hill, and Vigil Wilson to be trustees under the deed, to fill the vacancies caused by the deaths of Hosmer, Smith, and Colt, and the trustees so appointed accepted the trust and qualified as such trustees. Since said appointment by said probate court, Ross and Wilson have died without making any conveyance of the premises, and no successors have been appointed. The defendant Morris Hill is the sole surviving trustee.
The property is worth about $75,000. The society has been offered for it by the city of Hartford $56,500, and the bishop of the diocese has approved of the offer, but the society is unable to convey title to the premises to the city because it is now impossible to comply with the provisions of the trust deed. In connection with the city's offer, the society now holds the option to buy the Methodist Episcopal Church and parsonage on Windsor avenue, in Hartford, for $36,000, which would leave a residue from the purchase money to be paid by the city of $20,500, to be used for the benefit of the society.
The Pearl street premises are incumbered by a mortgage, on which $1,500 is still due, and which, being paid out of the $56,500, would leave a net residue of $19,000. Morris Hill, the sole surviving trustee, did not assent to, nor approve, the sale of the premises to the city of Hartford.
The superior court reached the following conclusions:
(1) That the plaintiffs are entitled to equitable relief.
(2) That a sale and purchase as proposed would be advantageous to said society, but that there is doubt as to the sufficiency of the price offered for the Pearl street property.
(3) That the intent of the trust deed was that the Pearl street property should be sold and conveyed whenever, in the concurrent opinion of the society, as expressed by vote at a legal meeting duly called, and of the trustees named in the deed, it should be for the best interests of the society to sell it.
(4) That there is doubt as to the legality of the society meeting at which it was voted to accept the offer of the city of Hartford for said Pearl street property.
(5) That under existing circumstances there can be no such concurrent vote as is required by said deed.
(6) That it is not advisable to order the sale of the Pearl street property to the city of Hartford and the investment of the proceeds in the Windsor avenue property.
(7) That if such sale and reinvestment be made, it should be made in conformity with the terms of said trust deed.
(8) That the superior court has power and jurisdiction to appoint three trustees to carry out the purposes of the trust created in the deed of 1862.
(9) That by concurrent vote of said trustees and said society the offers of the city and of the church on Windsor avenue may be accepted and the conveyance made.
(10) That the trustees to be appointed should include said Hill.
The superior court rendered judgment granting the plaintiffs' second prayer for relief and appointing said Morris Hill, the Hartford Trust Company, and the City Bank & Trust Company to carry out and execute the purposes of the trust created by said deed, and all the defendants, except said society, appealed to this court.
Herbert S. Bullard and Alvan Waldo Hyde, both of Hartford, for appellants. William F. Henney, of Hartford, for appellees.
GREENE, J. (after stating the facts as above). The defendants' appeal sets up nine reasons of appeal.
The first is that the court erred in overruling the second ground of demurrer to the complaint, which was that the allegations of the complaint do not...
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