Lee v. Methodist Episcopal Church in U.S.

• Court: Supreme Judicial Court of Massachusetts
• Writing for the Court: LORING, J.
• Citation: Lee v. Methodist Episcopal Church in U.S., 193 Mass. 47, 78 N.E. 646 (Mass. 1906)
• Decision Date: 16 October 1906
• Parties: LEE et al. v. METHODIST EPISCOPAL CHURCH IN UNITED STATES et al.

193 Mass. 47

78 N.E. 646

LEE et al. v. METHODIST EPISCOPAL CHURCH IN UNITED STATES et al.

Supreme Judicial Court of Massachusetts, Worcester.

October 16, 1906

COUNSEL

J. L. Mitchell, for plaintiffs.

Jos. K Greene, for defendants.

OPINION

LORING J.

This case comes before us on an appeal from a decree confirming a report made by a master and dismissing the plaintiffs' bill. Exceptions were taken to the master's report, which are impliedly overruled by the decree in question.

The master found that for 40 years last past there has been in the city of Worcester an unincorporated religious society by the name of the Bethel African Methodist Episcopal Church. We shall speak of it hereafter as the Bethel Church. The contest here is in effect between two corporations of the same religious faith, for the control of the church building used by the Bethel Church and the land on which it stands, to wit the African Methodist Episcopal Church of America, chartered under the laws of Ohio, and the Methodist Episcopal Church in the United States, incorporated under the laws of New York. We shall speak hereafter of them as the African Methodist and the Methodist Churches respectively.

For the past 26 years of its existence, that is to say, until 1892, the Bethel Church held services in a hall hired for the purpose. On April 14, 1892, the land in question was conveyed to Amos T. Jackson and three others by one Merrell, who then owned it. This deed stated that in consideration of one dollar and other valuable considerations paid by Jackson and the others 'all of the city and county of Worcester and commonwealth aforesaid, as trustees of Bethel African Methodist Episcopal Church,' the land is conveyed to Jackson and the others, 'trustees, their heirs and assigns forever,' to have and to hold to the grantees, 'trustees, and their heirs and assigns, to their own use and behoof forever.' The master finds that the land and building were paid for with money raised and contributed by the members of said Bethel Church.

From the beginning up to June, 1904, the pastors of the Bethel Church were appointed by the African Methodist Church. Until 1891 the Bethel Church was known as a 'mission'; after 1891 as a 'station.' While a mission it was not regularly supplied with a pastor, but since it became a station a pastor has been annually assigned to it by the African Methodist Church. The salary of the pastor thus assigned was paid by the Bethel Church.

The master states in his report that 'there was no evidence introduced before me to warrant the conclusion that Bethel Church had ever been dedicated as a church of the African Methodist Episcopal connection, nor that any formal union between the said two churches ever existed. The evidence tended to show that there never was any dedication of said Bethel Church, nor any formal union with the said Methodist Episcopal Church.'

It appears that in 1904 the Bethel Church thought its building inadequate for its needs, and raised $409.08 for the construction of a new church building. They applied to the African Methodist Church for aid, without success. They then opened negotiations with the Methodist Church, looking toward severing their connections with the African Methodist Church and taking on ecclesiastical connections with the Methodist Church, if the latter would give them the aid they wished. This the Methodist Church promised to do. Thereupon a special meeting of the Bethel Church was called for November 9, 1904 at which the offer of the Methodist Church was accepted. The membership of Bethel Church, on November 9, 1904, was 35. How many were present at this meeting was not disclosed in the evidence. On December 7, 1904, 28 members of the Bethel Church sent to one Jacobs, the presiding elder of the African Methodist Church, a withdrawal from that church. Jacobs was the presiding elder 'into whose official charge the said Bethel Church was given' by the African Methodist Church. On December 14th, Jacobs came to Worcester and announced that he would preach on January 25th, and would hold a meeting to investigate the withdrawal on Monday, January 26, 1905. The meeting was not held. 'After January 26, 1905, Dr. Jacobs, acting on the theory that the Rev. W. B. Perry had resigned as pastor of said Bethel Church, and that the trustees duly elected in June or July, 1904, had also resigned by the effect of said letter and certificate, proceeded to assume the duties as pastor of said church, and also, about February 1, 1905, proceeded as pastor to appoint three trustees of said Bethel Church, and appointed Reason T. Lee, James McKinney and Stephen Cook, named in the entitling clause of the plaintiffs' bill. After January 26, 1905, Dr. Jacobs did not formally call any other meeting of the members of Bethel Church for any purpose.' On or about February 1, 1905, 'as a further step in carrying out the said agreement between' the Bethel Church and the Methodist Church, the members of the Bethel Church in a body and as a church were received into the Methodist...