Smith Harpending v. Minister, Elders and Deacons of the Reformed Protestant Dutch Church of the City of New York

• Decision Date: 01 January 1842
• Parties: SMITH HARPENDING and others, Appellants, v. The MINISTER, ELDERS AND DEACONS OF THE REFORMED PROTESTANT DUTCH CHURCH OF THE CITY OF NEW YORK and others, Appellees
• Court: U.S. Supreme Court

41 U.S. 455

16 Pet. 455

10 L.Ed. 1029

SMITH HARPENDING and others, Appellants, v. The MINISTER, ELDERS AND DEACONS OF THE REFORMED

PROTESTANT DUTCH CHURCH OF THE CITY OF NEW YORK and

others, Appellees.

January Term, 1842

APPEAL from the Circuit Court for the Southern District of New York. On the 25th of March 1839, the appellants filed a bill in the circuit court of the United States for the southern district of New York (they being citizens of other states than the state of New York), stating that prior to September 1696, John H. Haberdinck, of the city of New York, with four others, was seised in fee of the 'Shoemaker's fields or lands,' a tract of about sixteen acres, in the city of New York; and that in the same year, partition of the same was made, and Haberdinck became seised in severalty of divers parcels of the land described in the bill. Haberdinck died seised of the land, in January 1722, leaving a widow, who died in 1723; and John Haberdinck, Junior, of New York, was his only heir, and inherited his lands. The bill stated, that the complainants were the heirs of John Haberdinck, Junior, their names having been varied to Haberding. It stated, that they are seised, with Peter Haberding, a citizen of New York, of these lands, as heirs as aforesaid; and that no sale or devise of the lands has been made by them, or by any of their ancestors.

The bill stated, that John H. Haberdinck made leases of part of the lands for ninety-nine or more years, and some of the leases so granted did not expire until after 1829. The Dutch Church had, for some time past, had possession of the lands allotted to John H. Haberdinck by the partition; and claimed that they took such possession in virtue of some will or devise of John H. Haberdinck to them. They also obtained possession of the undivided parcel, and alleged title to some shares of it, by deeds from the other tenants in common; and had demised parts of the same, &c.

The bill alleged that the church was a religious corporation in the city of New York, incorporated under the laws of New York. The complainants had applied to the church for a statement of the title under which they claimed the property, and for a list of papers, and the inspection of their rent-roll, and an account of the rents and profits. In March 1822, the bill alleged, that the defendants returned to the chancellor of New York an inventory, in which they set forth that these lands were held by them as 'sundry lots devised to the church by John Haberdinck, called the Shoemaker's land, as mentioned in a former inventory, situated in the second and third wards of the city of New York;' and the defendants alleged the said will was valid.

The parts of the will set out in the bill of the complainants relating to the property claimed by the complainants were as follows: 'Item. I, the said John Haberdinck, do hereby give, devise and bequeath unto the minister, elders and deacons of the Reformed Protestant Dutch Church of the city of New York, and their successors for ever, all my (the testator's) right, title and interest, and property, in and to an equal fifth part, share and proportion of all that tract or parcel of land, situate, lying and being upon Manhattan Island, within the city of New York, called or known by the name of Shoemaker's field or land, on the north side of Maiden Lane or path, &c. the which tract or parcel of land contains, by estimation, sixteen acres.' The will then described the different lots, according to the partition, and proceeded, 'all of which several and respective lots, pieces and parcels of land, I, the said testator, do hereby give, devise and bequeath unto the said minister, elders and deacons of the Reformed Protestant Dutch Church of the city of New York, and to their lawful successors for ever, with all and singular the buildings, messuages, edifices, improvements, emoluments, profits, benefits, reversions, advantages, hereditaments and appurtenances thereunto belonging, or in any wise appertaining, or reputed or esteemed as part and belonging to the same; to have and to hold all the aforesaid several and respective lots, pieces and parcels and land, with the several and respective premises and appurtenances, unto the said minister, elders and deacons of the Reformed Protestant Dutch Church of the city of New York, and their lawful successors, to the sole and only proper use, benfiet and behoof of the said minister, elders and deacons of the Reformed Protestant Dutch Church of the city of New York, and their lawful successors for ever, to be received and employed by the said minister, elders and deacons of the Reformed Protestant Dutch Church of the city of New York, immediately after my decease and the decease of my wife Mayken Haberdinck, and only to the proper use, benefit and behoof, and for the payment and satisfaction of the yearly stipend, salary or maintenance of the respective minister or ministers, which from time to time, and at all times hereafter, shall be duly and legally called to the ministry of the said church, and to no other use or uses whatsoever. And I, the said testator, do hereby further order and direct, that the sole management, direction, administration and government of the same, after my decease and the decease of my wife, Mayken Haberdinck, shall only be and remain in the hands, care, management, direction and administration and government of the elders of the said church, for the time being, or whom they shall nominate, constitute and appoint to act in their stated or place, and without being subject or bound to render any account of the same, but only to the minister or ministers, elders and deacons of the said Reformed Protestant Dutch Church of the city of New York, for the time being. Provided, always, that it shall not be lawful, nor in the power of the said minister, elders and deacons of the Reformed Protestant Dutch Church of the city of New York, nor their successors, nor the said elders or managers for the time being, nor in the power of any other person or persons whatsoever, for ever hereafter, to make sale, dispose, or alienate any part of the said lands, and premises, nor any of the profits, benefits, revenues or advantages accruing or arising out of the same, to any use or uses whatsoever; but that the same shall be for ever and remain to the only proper use, benefit and behoof as is above recited, declared and expressed.'

The complainants charged, that the will and the devise to the church was, at the date of the will, at the testator's death, and is at this time, wholly and absolutely void, illegal and inoperative at law. 'The church could not and did not acquire any right or estate under the will; and the possession of the premises was in subordination to the title of the complainants and their ancestors. The church took possession of five of the lots that were on Broadway, although only a part of two were devised to them.'

The bill further stated, that the church was incorporated on the 11th of May 1696, then having a church in Garden street, and certain tracts of ground, and were authorized 'to have, take, acquire and purchase' lands, &c., and not exceeding the yearly value of two hundred pounds, New York currency, equal to $500. That the property held by them was considerable, and had ever since been actually, and for twenty years past has been worth, at least $10,000. The yearly value of the lands devised by Haberdinck had ever since greatly exceeded the amount which the church was, from time to time, by law authorize to hold; from 1780 to 1800, the yearly value thereof was $10,000; from 1800 to 1820, at least $20,000; and to this time, at least $30,000. In order to keep down the 'annual income,' the church had given leases for long terms at a low rent, and then sold such terms, for large sums, and sued the money to buy other lands for other purposes.

The church had always held those lots under claim of title subordinate to the title of the complainants, and their ancestor; it was always incapable, in law, of acquiring or holding a valid title thereto by adverse possession; and was, at the time of Haberdinck's death, incapable in law, of acquiring and holding the lands by devise. If it should appear, that the lands were actually devised to the church by the will, yet such devise would appear to have been made on the 'express condition' that the lands were to be held by the church for the payment and satisfying the yearly stipend, salary or maintenance of the respective minister or ministers which should be, from time to time, duly and lawfully called to the ministry of tha said church, and to no other use whatever; and on the express condition, that it should not be lawful for the ministers, elders and deacons, to sell or dispose of any part of the property, or to apply any of the profits, revenue, &c., to any use whatever, other than those mentioned. At the time of the making of his will by Haberdinck, the only church was in Garden street; they had since built two others, and abandoned that as a place of worship. The income of the church from these lands had annually, for fifty years, greatly exceeded the yearly salaries paid, or which could be paid, to their ministers, and they had used the large surplus annually for other purposes, &c. The bill prays for a discovery, whether the church held under the will of Haberdinck, and if so, a full account of the same, and of all matters relating to the property; and for an account, &c.

The defendants, after various exceptions to the bill of the complainants, and to the relief sought in the same, and the denial of many of the allegations in the bill, and disclaiming the ownership of certain lots described in the bill, and in the answer filed, said: These defendants do plead in bar, and by was of plea say, that for all the time commencing forty years prior to the filing of the bill of complaint, namely, commencing on the 25th day of March, in the year of our...