The Law Relating to Protestant Nonconformists and Their Places of Worship

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1886 edition. Excerpt: ... CHAPTER Xni. POWERS OF TRUSTEES GENERALLY AND THE CON-STRUCTION PUT ON PARTICULAR TRUSTS. Act of ma-Trusts for the maintenance of religious worscope of trust ship being trusts of a public nature, the mais act of all. jority of the trustees can, within the limits of their trust, bind the minority, and their act is the act of the whole (a). But it is not competent to a majority of trustees to bind themselves or the minority to any mode of administering the trusts which is not conformable to the trusts as declared (b); and where a discretion is given them they must exercise it for Discretion the benefit of their cestuis que trustent. Theremust be exer-, i i j i_ Jt_ ohe&bondjidc. ore where a house had been conveyed by a deed which contains a power of mortgage to the trustees of a Baptist chapel, on trust to allow the minister duly chosen and appointed to occupy the house "during so long a time (a) Perry v. Shipway, 1 Griff. 1,9; following Wilkinson v. Malin, 2 Tyr. 571. (b) Per Stuart, V.-C, Ward v. Hipwell, 8 Jur., N. S. 668; and see cases, post, Chap. XIV. p. 157. and in such manner as the trustees should Chap'XiIIorder or direct," and "if the house should not be occupied by such minister" the trustees were authorized to let it and apply the rents in paying off any mortgage on the trust premises, and S. J. W. was elected a probationary minister of the chapel, but in the interval, House--probationary before his appointment was confirmed, a ma-minister. jority of the trustees, who objected to the appointment, without offering the house to S. J. W., let it to another person for the alleged purpose of applying the rent to pay off a mort-gage, the Court held, in a suit instituted by S. J. "W. and the trustees who had not joined in the...