In re Franklin Street Church
In re Franklin Street Church
Opinion of the Court
Opinion by
The Franklin Street Methodist Episcopal Church of Johnstown, Pa., acquired title in fee to two lots of ground, located in that city, by deed of Joseph Haynes and wife, dated the 11th day of April, 1853, and recorded in the recorder’s office of Cambria County, in Record Book, Yol. XXXII, page 661, which provided that the property should be held “in trust for the use and benefit of the Methodist Episcopal Church aforesaid, for the uses and purposes following, viz: That they, the said trustees, erect and build, or cause to be erected and built, on the second of the before mentioned lots, situate on Jackson and Haynes streets, a parsonage for the residence of the minister, and his family, who may, from year to year, be duly appointed by the annual conference within the bounds of which the premises may be, at the time; and that they hold the first of the before mentioned lots for the purpose of erecting thereon a house of worship, for the use of the members of the said church whenever those members of the said church who reside in that part of the said borough called Kernville may determine, and be prepared to build said house of worship thereon. Provided, nevertheless, that if the said trustees, or their successors in office, should believe that it would be for the benefit and advantage of the members of the said Methodist Episcopal church to sell the said lots, or either of them, and purchase others, they are hereby granted and given full and ample power and authority to sell and convey the said lots or either of them; provided, that the amounts so received for them, or either of them, shall be paid and expended for other lot or lots, to be located in the same part of the said borough, that is, in Kernville.” Aside from, these provisions there is no other clause in the deed indicating an intention on the part of the grantor to limit the absolute fee given,: or to reserve any interest to himself or Ms heirs.
The lots have been held by the congregation for over sixty years without being improved. Kernville Was ,
Subsequent to this action, appellant offered seventeen thousand dollars for the property, subject to the approval of the sale by the proper court. Thereupon, a petition was. presented to the Court of Common Pleas of Cambria County under the Act of April 18, 1853, P. L. 503, setting forth the circumstances and asking permission to accept the offer, and sell the property at private sale. The court decreed the sale as prayed for, which sale was subsequently confirmed. The purchaser, A. M. Custer, in order to remove any doubt as to his title, filed exceptions to the court’s order and took this appeal, alleging that the court was without power to direct the sale for the purpose stated, because of the provisions recited in the deed to the congregation.
The deed to the trustees of the church gives express
The absolute title to the two lots was in the trustees without contingent interest of remainderman to be protected, and subject only to the limitation that they may be used for the purpose stated. A sale will not divert the property from this use, but will effectuate the only practical method of applying it to such use.
The judgment is; affirmed.
Reference
- Full Case Name
- Petition of Franklin Street Church
- Cited By
- 6 cases
- Status
- Published
- Syllabus
- Trusts and trustees—Charitable use — Changed conditions—• Price Act—Sale under Act of April 18,1868, P. L. 60S. 1. Where an absolute devise in land is given to be used for certain purposes, and conditions have so changed as to require a change of location or even a conversion of the property into cash to be applied for the purposes and in furtherance of the object of the donor, a sale may be ordered. 2. Land was conveyed in fee to the trustees of a church for the purpose of erecting thereon a church building and parsonage “whenever those members of the said church who reside in the part of the said borough called Kemville may determine,” or in the event of such trustees believing that a different location would be more advantageous giving them power to sell the ground in question, and that the amounts so received should be “expended for other lot or lots to be located in the same part of the borough.” The grant was absolutely for the purpose stated, there being no forfeiture clause or provision for the termination of the estate in case the land was not used for the purpose stated, and no remainder or reversion was created. The lots so devised were valuable, but owing to changed conditions and the shifting of the center of trade were not suitable for the purpose intended. Sixty years after the devise the trustees and congregation determined that the interest of the church would be best served by selling the lots and applying the proceeds to the payment of an indebtedness incurred in the enlargement of the present church. A purchaser then entered into an agreement of sale with the trustees, subject to the approval of the court. Held, the lower court did not err in authorizing the sale. Mercer Home’s Application, 162 Pa. 232, followed.