Home / O'Callaghan, E.B., ed. The Documentary History of the State of New York, Vol. III. Albany: Weed, Parsons and Co., 1850. / Passage

Documentary History of the State of New York, Vol. III

O'Callaghan, E.B., ed. The Documentary History of the State of New York, Vol. III. Albany: Weed, Parsons and Co., 1850. 265 words

1st Many years since a Member of their Church gave them two Houses and Lots in this City, which tho' of no great Value, are the Cliief Support of the Minister. The Deed is so inartificiaUy drawn that had not that Statute of Mortmain which annulls all Gifts and Grants in favour of Churches, been in the way, it would not nevertheless have Vested the Pee in the Congregation ; for it Conve}S the Estate to the Elders and Deacons by name, and their Successors; and they for want of Incorporation, have no legal Succession, and cannot Inherit.

2'^ Some years since the Congregation sent two of their Members into Germany to Sollicit Contributions for their use among their Friends and Countrymen. This was attended with considerable Success : But the Persons intrusted, finding they could not be called to an Account by reason of the Church's not being Incorporated, Embezzled the Mony, never accounting for any part of it.

If these Reasons were Represented they might probably have a good Effect, especially as his Excellency can receive good Testimonials of the People, their Poverty, and the Publick Utility of their Church, which could iUy be maintained if at all, should they loose their Houses ; and tliis must be the Case whenever a legal Enquiry is made into their Title : And indeed it has been already Threatned.

The method to secure them a good Title must be by prosecuting an office tlu'o' the Escheator, as the granter is Dead without Heirs ; Incorporating the Church, and then obtaining a grant from the Crown.