Baptist Church v. Presbyterian Church

• Decision Date: 01 January 1857
• Court: Kentucky Court of Appeals
• Parties: The Baptist Church at Lancaster <I>vs.</I> the Presbyterian Church.

Page 635

57 Ky. 635

The Baptist Church at Lancaster vs. the Presbyterian Church.

Court of Appeals of Kentucky.

Winter Term, 1857.

APPEAL FROM GARRARD CIRCUIT.

A. A. Burton, for appellants —

COPYRIGHT MATERIAL OMITTED

Rice and J. F. Bell, for appellees.

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Judge DUVALL delivered the opinion of the court.

The testimony in this case establishes, beyond doubt, the following propositions:

1. That the lot of ground on which the house in controversy stands was given and dedicated, about the year 1815, by Mrs. Susannah Pawling, to and for the use of the general public as a burying ground, and to and for the use of all religious denominations professing the christian faith — Roman Catholics and Shakers excepted.

2. That a house for public worship was soon after built on the let so dedicated, by means of contributions from individuals belonging to the various denominations or sects of protestant christians, and from individuals belonging to no sect or church, for the uses and purposes contemplated by the original dedication.

3. That the house and yard were so used and claimed by the different sects of christians from the time of the dedication until within two or three years before the institution of this suit.

4. That at or about the period last mentioned the Presbyterian, Baptist, and Christian denominations had each provided themselves with suitable houses of worship, and had voluntarily abandoned and ceased to use the house in contest as a place of worship, or for any other purpose within the terms or objects of the dedication.

5. That in the month of February, 1853, the house being greatly out of repair, so much so as to be wholly unfit for use, the trustees of the Presbyterian Church, (who had received a conveyance of the title to the property from the heirs at law of the donor,) entered into a contract with Landrum, Letcher, and others, by which the latter agreed to repair the house in the manner stipulated, in consideration of which a lease of it was granted them for seven years from the date of the agreement, to be used by them as they might think proper, subject to certain restrictions specified in the written agreement.

6. That the Methodist Episcopal Church of Lancaster have not built or provided themselves with any other house of worship, and have not abandoned the use of the house in contest, but, by reason of its dilapidated condition, as just described, they were compelled to discontinue their occupancy of it as a house of worship, and were unable to agree with other parties interested, on the terms upon which they were willing to incur the expense of repairing the building.

Upon the foregoing facts the question arises, what were the rights of the several parties, touching the subject matter of this controversy at the time the action was instituted? In the solution of this question we shall not deem it necessary to go into the doctrine of charities and charitable uses, further than to apply to the case before us a few general principles, long established, and repeatedly sanctioned by former adjudications of this court in similar cases.

It appears that the donor, Mrs. Pawling, had not, in her lifetime, divested herself of the legal title to the property in contest, and she therefore, whilst living, as well as her heirs at law since her death, must, in equity, be regarded as holding the legal title in trust for the purposes contemplated by the gift or dedication.

Now it cannot be doubted that the donor herself, or her heirs since her death, might have instituted a proceeding in equity for the enforcement of this trust. But in the month of December, 1849, her heirs at law conveyed, by deed, to the "Trustee...