Universalist Convention of Alabama v. May

• Decision Date: 31 May 1906
• Citation: Universalist Convention of Alabama v. May, 147 Ala. 455, 41 So. 515 (Ala. 1906)
• Parties: UNIVERSALIST CONVENTION OF ALABAMA v. MAY.
• Court: Alabama Supreme Court

41 So. 515

147 Ala. 455

UNIVERSALIST CONVENTION OF ALABAMA v. MAY.

Supreme Court of Alabama

May 31, 1906

Appeal from Chancery Court, Houston County; W. R. Parks, Chancellor.

"To be officially reported."

Bill by the Universalist Convention of Alabama against Willie May. From a decree dismissing the bill, plaintiff appeals. Affirmed.

The case made by the bill is that the appellant is a corporation organized under the laws of Alabama and engaged in the work of propagating a religious doctrine known as Universalism and in the building and organizing of churches within said state for the purpose of furthering said work and enabling them to carry on the same in a more efficient manner; that all of such churches are the property of the state organization; that in January, 1897, Green conveyed to Granger and Price, as trustees of the Universalist Church of the town of Dothan, a certain lot, which was sold upon order of this court at public outcry, and the sum of $750 was realized from said sale, the same being net after payment of costs and expenses, and that the same is now in the hands of the register of this court; that said trust estate has failed of execution because there is not now and never has been a Universalist Church organized in Dothan, and the said estate is entirely wanting in a cestui que trust, and that there is but one Universalist Church organization in Alabama, this plaintiff, and as such all church property becomes the property of and belongs to the state organization; that it was contemplated by the grantors in said trust deed at the time of its execution that the beneficiary, the church at Dothan, should become a part of the Universalist General Convention, or the complainant in this case, which is one of its subdivisions, and that complainant should become the owner and control the property so conveyed for the establishment of such a church at Dothan, but that after diligent effort to organize and establish a church of this faith and order at Dothan they have failed; that unless the chancery court grants relief in this behalf, the trust estate will continue dormant and unused, and the purposes for which the same was created will fail; that after making the conveyance above set out the said Granger and Price died, and that no trustee was appointed or elected in their place until the appointment of the respondent herein as trustee by the register of this court; and that said respondent is...