The Tenure of Parochial Property in the United States of AmericaCatholic University of America., 1926 - 108 pages |
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Common terms and phrases
according acquired alienation authority Baart Balt belongs benefice bishop Blackstone Canon 99 canon law Catholic Church corporation cestui qui trust CHAPTER Church Law church property civil courts civil law Code Commentaries common law congregation considered Constitution conveyed corporation aggregate corporation sole Corpus Iuris Civilis courts of equity decree deed diocese dominion Ecclesia ecclesiastical property equity erty exist fact fee simple given heirs hold the property Ibid individual Institutiones Iuris iure Iuris Canonici jurisdiction juristic persons Kent legal person legal title method of tenure moral persons Ordinary ownership parish parochial community parochial property persona moralis non-collegialis physical person Pope poration possess private law prop property held property rights property was held question recognized religious corporations Roman Catholic Church Roman law sacred society spiritual statute Statutes of Mortmain successor Supreme Court temporal term theory Third Plenary Council tion trustee corporation United Universal Church various vested Wernz-Vidal Zollmann
Popular passages
Page 94 - For it is not to be presumed that the Legislature intended to make any innovation upon the Common Law further than the case absolutely required.
Page 21 - A CORPORATION is a franchise possessed by one or more individuals, who subsist, as a body politic, under a special denomination, and are vested, by the policy of the law, with the capacity of perpetual succession, and of acting in several respects, however numerous the association may be, as a single individual.
Page 75 - Corporations sole consist of one person only and his successors, in some particular station, who are incorporated by law, in order to give them some legal capacities and advantages, particularly that of perpetuity, which in their natural persons they could not have had.
Page 53 - heirs" is necessary in the grant or donation, in order to make a fee, or inheritance. For if land be given to a man forever, or to him and his assigns forever, this vests in him but an estate for life, (u) This very great nicety about the insertion of the word "heirs...
Page 53 - Tenant in fee-simple (or, as he is frequently styled, tenant in fee) is he that hath lands, tenements, or hereditaments, to hold to him and his heirs forever : generally, absolutely, and simply ; without mentioning what heirs, but referring that to his own pleasure, or to the disposition of the law.
Page 53 - This very great nicety about the insertion of the word "heirs" in all feoffments and grants, in order to vest a fee, is plainly a relic of the...
Page 75 - The law therefore has wisely ordained, that the parson, quatenus parson, shall never die, any more than the king : by making him. and his successors a corporation. By which means all the original rights of the parsonage are preserved entire to the successor : for the present incumbent, and his predecessor who lived seven centuries ago, are in law one and the same person ; and what was given to the one was given to the other also.
Page 91 - The archbishop or bishop and the vicar-general of the diocese to which any incorporated Roman Catholic church belongs, the rector of such church, and their successors in office shall, by virtue of their offices, be trustees of such church. Two laymen, members of such incorporated church, selected by such officers or by a majority of them, shall also be trustees of such incorporated church, and such officers and such laymen trustees shall together constitute the board of trustees thereof. The two...
Page 53 - And therefore, as the personal abilities of the donee were originally supposed to be the only inducements to the gift, the donee's estate in the land extended only to his own person, and subsisted no longer than his life; unless the donor, by an express provision in the grant, gave it a longer continuance, and extended it also to his heirs.
Page 92 - Catholic church corporation holds title to real property situated within the part of the old parish that was given to the new or second Roman Catholic church corporation, then the said Roman Catholic bishop or his successor shall have the right and power, of himself, independently of any action or consent on the part of the trustees of the original Roman Catholic church corporation to transfer the title of the said real property, with or without valuable consideration, to the new or second Roman...