Hamlin v. "Perticuler Baptist Meeting House"

• Decision Date: 20 December 1907
• Citation: 103 Me. 343,69 A. 315
• Parties: HAMLIN, Atty. Gen., v. "PERTICULER BAPTIST MEETING HOUSE" et al.
• Court: Maine Supreme Court

69 A. 315

103 Me. 343

HAMLIN, Atty. Gen.,

v. "PERTICULER BAPTIST MEETING HOUSE" et al.

Supreme Judicial Court of Maine.

Dec. 20, 1907.

Appeal from Supreme Judicial Court, Cumberland County, in Equity.

Bill in the nature of an information by Hannibal E.Hamlin, Attorney General, against the "Perticuler Baptist Meeting House" and others. Addie E. Pingree, who was not named as a party, appeared and filed an answer with a demurrer. Decree for plaintiff, and Addie E. Pingree appeals to the law court. Appeal dismissed. Decree affirmed.

Bill in equity in the nature of an information brought in the Supreme Judicial Court, Cumberland county, by "Hannibal E. Hamlin, Attorney General, Farragut Post No. 27 of Bridgton, Grand Army of the Republic, Department of Maine," against "the property in Bridgton, Me., known as the 'Old Baptist Meeting House,' or 'Perticuler Baptist Meeting House,' Julia Kimball of Boston, Mass., Alimira H. Hall of Winnebago, Minn., and all persons interested therein." This bill was brought under the provisions of Rev. St. c. 16, § 33, which provides as follows: "Where any property in the state, dedicated and ordained for pious uses, has no proper or legal custodian, so that it is becoming wasted and the utility thereof is lost, upon the application of any person, patriotic or religious society interested in having such property preserved and applied to the uses for which it was originally intended, or for some public or patriotic purpose, the Attorney General shall file a bill in equity, in the nature of an information, against such property and all persons interested therein, praying for the appointment of trustees to care for such property and for the proper application and disposal thereof, and the court may order such notice as seems proper, and may appoint receivers or trustees therefor, and upon final decree, may order the care, custody, sale, application or disposal of such property as will best serve the purposes for which it was originally intended, or some public or patriotic purpose. The court may convey or transfer such property to any religious or patriotic body, to be held and applied for the purposes of such trust as the court may declare; and it shall have power to treat, care for and dispose of the same in furtherance of such pious, public or patriotic uses as may seem best suited to the case and situation."

At the proper time Addie E. Pingree or Boston, Mass., who was not named as a party in the bill, but who claimed title to the property, appeared and filed an answer with a demurrer inserted therein. A hearing was first had on the bill, answer, demurrer, and replication, and the demurrer was overruled pro forma. A hearing was then had on bill, answer, and proofs, after which the justice hearing the cause made the following decree:

"It is hereby ordered, adjudged, and decreed that the plaintiff's bill be sustained, and Henry A. Shorey, Samuel Knight, and J. Louville Bennett of Bridgton, county of Cumberland, state of Maine, are hereby appointed trustees to care for said property described in paragraph first of the bill.

"It is hereby further ordered, adjudged, and decreed that said trustees shall at once sell the meeting house located on said land, and after said sale deliver a deed of trust of said property described in said paragraph first of this bill to Farragut Post No. 27 of Bridgton, Grand Army of the Republic, Department of Maine, its successors and assigns, for the purpose of converting the same into a Memorial Square or Park, upon which shall be reared a soldier's monument or other structure to the memory of the sons of Bridgton who fought in behalf of the cause of national unity in the War of the Rebellion."

From this decree the said Addie E. Pingree took an appeal to the law court.

The original deed of the "Old Baptist Meeting House Lot," as shown by a copy personally verified from record by the late Benj. C. Stone, clerk of courts, Cumberland county, is as follows:

"Know All Men By These Presents, That I True Lovett of Bridgeton, County of Cumberland and Commonwealth Massachusetts, Gentleman, in consideration of the sum of nineteen dollars, paid by Smuel Andrews Esqr and Jediah Kimball, both of the town, County and Commonwealth aforesaid, a committ of the society cald perticuler Baptist, in said town of Bridgeton, or their successors in that office for the time being, the receipt whereof I do hereby acknowledge, do hereby give, grant sell and convey unto the said Sam'l & Jedediah, a certain peace of land situated in said Bridgeton and being a part of the lot numbered seven in the twelveth Range of lots in said town, beginning on the range line by Abner Smith land at a stake and stones, thence North forty two-degrees West nine rods and one-ninth of a rod to a stake and stones, by said Smith's land, thence South sixty five degrees West, eleven rods and one-half to a stake and stones by the side of the rode lately laid out, thence by the said road forty one degrees east of South, nine rods and one ninth of a rod to the range line, to a stake and stones, thence on said Range line, North sixty five degrees east twelve rods to the first bounds, containing one hundred square rods be the same more or less.

"To Have and to hold, the aforegranted premises to the said Samuel and Jedediah and to their successors in office to their use and behoof forever; and I do covenant with the said Sam'l and Jedediah and their successors in office, that I am lawfully seized in fee of the aforegranted premises: that I have good right to sell and convey the same to the said Sam'l & Jedediah and to their successors: and that I will warrant and defend the same premises to the said Sam'l and Jedediah, their assigns forever, against the lawful claims and demands of all persons.

"In Witness Whereof, I the said True Lovett have hereunto set my hand and seal this, the twelvth day of April in the year of our Lord one thousand eight hundred and fourteen.

"True Leavitt. [Seal.]

"Signed, sealed, and delivered in presence of us: Jacob Ellsworth. Wm. Hazen."

"Cumberland, ss. April 12, 1814. Then the above-named True Leavit acknowledged the above instrument to be his free act and deed.

"Before me, Isaiah Ingalls, Justice of the Peace."

The case appears in the opinion.

Argued before EMERY, C. J., and PEABODY, SPEAR, CORNISH, and KING, JJ.

Peabody & Peabody and Robert Treat Whitehouse, for appellant Addie E. Pingree. William H. Looney, for appellee.

CORNISH, J. On April 12, 1814, True Lovett of Bridgton, in consideration of the sum of $19 paid by Samuel Andrews and Jedediah Kimball, "a committ of the society cald Perticuler Baptist in said town of Bridgton, or their successors in that office for the time being," gave, granted, sold, and conveyed "unto the said Samuel and Jedediah" a certain tract of land in said town, "to have and to hold the aforegranted premises to the said Samuel and Jedediah and to their successors in office to their use and behoof forever"; the covenants being in the following terms: "And I do covenant with the said Samuel and Jedediah and their successors in office that I am lawfully seised in fee of the aforegranted premises; that I have good right to sell and convey the same to the said Samuel and Jedediah and to their successors; and that I will warrant and defend the same premises to the said Samuel and Jedediah, their assigns, forever, against the lawful claims and demands of all persons."

It is admitted that on October 24, 1807, "the First Perticuler Baptist Church in Harrison and Bridgton" was organized with 9 members, not as a corporation, but as a voluntary association for religious purposes. The word "perticuler" in that connection is supposed to mean regular or straight, in the same sense as these adjectives are sometimes applied to one wing of a political party in distinction from those who have seceded from the regular organization. The membership increased in 1812 to 30, and 1815 they erected a house of worship on the premises purchased the year before. In 1827 the Harrison members withdrew and formed a society of their own. The present building was erected in 1853, and up to 1870 regular services were maintained; but the society had begun to decline, and the last church record bears date 1873. The pew owners leased the building to the Christian denomination in 1873, and to the Free Will Baptist Society in 1880, by which society it was occupied for 5 or 6 years. The last survivor of the church was Rev. Jacob Bray, who combined in himself pastor, clerk, and sole surviving member. He died in 1882. During the 20 years following 1885 the property was unoccupied and was becoming wasted. The original trustees had died, no successors had been appointed, the church for whose benefit it was purchased had become extinct, and there was no...