Strand v. United (Methodist) Church of Sheldon
| Full Citation | Strand v. United (Methodist) Church of Sheldon, 307 N.E.2d 621, 16 Ill.App.3d 744 (Ill. App. 1973) |
| Decision Date | 20 November 1973 |
| Citation | 16 Ill.App.3d 744,307 N.E.2d 621 |
| Docket Number | No. 72--259,72--259 |
| Parties | Donald C. STRAND, Executor of the Last Will and Testament of John C. Hoagland, Deceased, Plaintiff-Appellee, v. The UNITED (METHODIST) CHURCH OF SHELDON, Illinois, et al., Defendant- Appellants, v. SUMNER NATIONAL BANK OF SHELDON, Illinois, a corporation, and the Honorable William J. Scott, Attorney General of the State of Illinois, Defendants- Appellees. |
| Court | United States Appellate Court of Illinois |
A petition for rehearing was filed by the Honorable William J. Scott, Attorney General of the State of Illinois, in the above case and an answer to such petition was filed by appellee, pursuant to direction of this Court. In conjunction with such petition for rehearing, it was stipulated that the savings account passbook was delivered to the trustees of the United Presbyterian Church of Sheldon. The trustees on behalf of the church had continuous possession of the passbook and the passbook has been retained by the merged church, The United (Methodist) Church of Sheldon, Illinois. It was also pointed out on rehearing that the Sunday School addition specified in the directions could, in fact, still be built on the Presbyterian Church building site or elsewhere in Sheldon, even though the building formerly used by the Methodist Church is one presently used by the merged churches.
In view of these facts, which were not directed of record to the attention of this Court previously, we have determined that a disposition of this cause, not heretofore contemplated at the time the original opinion was rendered, should now be entered in modification of our previous opinion. This is notably so for the reason that, as specified in the written 'directions' which we have referred to in our previous opinion, there was no provision for reversion or other disposition of the funds in the event the Sunday School was not built, and it is obvious that the parties intended to carry the gift into effect in accordance with the specific directions. We are also aware that in determining the validity of charitable gifts in this State, every presumption must be made in order to effectuate such gifts. (Franklin v. Hastings, 253 Ill. 46, 50, 97 N.E. 265; Village...
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Robson v. Robson
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