State Codes and Statutes

Statutes > New-york > Rco > Article-3-a > 59-b

§  59-b.  Transfer  of  property of extinct parishes and churches. The  Metropolitan Synod Apostolic Episcopal Church may decide that  a  parish  or  church  in  connection  with  it or over which it has ecclesiastical  jurisdiction, and to  which  this  article  is  applicable,  has  become  extinct,  if it has failed for two consecutive years next prior thereto,  to maintain religious services according to the discipline, customs  and  usages  of  such  synod,  or  has  had  less than ten resident attending  members making annual or regular contributions towards its support,  and  may  take possession of the temporalities and property belonging to such  church or parish and manage the  same;  or  may,  in  pursuance  of  the  provisions of this chapter relating to the disposition of real property,  sell or dispose of the same and apply the proceeds thereof to any of the  purposes  to  which  the property of such synod is devoted, and it shall  not divert such property  to  any  other  object.  For  the  purpose  of  obtaining  a  record  title to the land and the church edifice, or other  buildings thereon, by such synod, the surviving trustee or  trustees  of  said  extinct  church  or  if  there  be  no  surviving  trustee, then a  surviving member of said extinct church, may,  without  a  consideration  being  paid  therefor  by  such synod, convey to it said land and church  edifice, or other buildings thereon, subject, however, to  an  order  of  the  supreme  or  county  court based upon a petition reciting that said  church has  become  extinct;  the  name  of  its  surviving  trustee  or  trustees;  and  the  names  of  its  members  (who must have given their  consent to the making of said conveyance).  Upon  the  recital  of  said  facts  in  said  petition, the court shall have jurisdiction to grant an  order allowing said conveyance to be made without a  consideration;  and  should there be no surviving members, as well as no surviving trustee of  said  extinct  church,  said  petition may be made by an officer of said  synod, in which event the court, upon the recital of  said  fact,  shall  have  jurisdiction  to  appoint  a  suitable  person  as trustee for the  purpose of making said conveyance.

State Codes and Statutes

Statutes > New-york > Rco > Article-3-a > 59-b

§  59-b.  Transfer  of  property of extinct parishes and churches. The  Metropolitan Synod Apostolic Episcopal Church may decide that  a  parish  or  church  in  connection  with  it or over which it has ecclesiastical  jurisdiction, and to  which  this  article  is  applicable,  has  become  extinct,  if it has failed for two consecutive years next prior thereto,  to maintain religious services according to the discipline, customs  and  usages  of  such  synod,  or  has  had  less than ten resident attending  members making annual or regular contributions towards its support,  and  may  take possession of the temporalities and property belonging to such  church or parish and manage the  same;  or  may,  in  pursuance  of  the  provisions of this chapter relating to the disposition of real property,  sell or dispose of the same and apply the proceeds thereof to any of the  purposes  to  which  the property of such synod is devoted, and it shall  not divert such property  to  any  other  object.  For  the  purpose  of  obtaining  a  record  title to the land and the church edifice, or other  buildings thereon, by such synod, the surviving trustee or  trustees  of  said  extinct  church  or  if  there  be  no  surviving  trustee, then a  surviving member of said extinct church, may,  without  a  consideration  being  paid  therefor  by  such synod, convey to it said land and church  edifice, or other buildings thereon, subject, however, to  an  order  of  the  supreme  or  county  court based upon a petition reciting that said  church has  become  extinct;  the  name  of  its  surviving  trustee  or  trustees;  and  the  names  of  its  members  (who must have given their  consent to the making of said conveyance).  Upon  the  recital  of  said  facts  in  said  petition, the court shall have jurisdiction to grant an  order allowing said conveyance to be made without a  consideration;  and  should there be no surviving members, as well as no surviving trustee of  said  extinct  church,  said  petition may be made by an officer of said  synod, in which event the court, upon the recital of  said  fact,  shall  have  jurisdiction  to  appoint  a  suitable  person  as trustee for the  purpose of making said conveyance.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Rco > Article-3-a > 59-b

§  59-b.  Transfer  of  property of extinct parishes and churches. The  Metropolitan Synod Apostolic Episcopal Church may decide that  a  parish  or  church  in  connection  with  it or over which it has ecclesiastical  jurisdiction, and to  which  this  article  is  applicable,  has  become  extinct,  if it has failed for two consecutive years next prior thereto,  to maintain religious services according to the discipline, customs  and  usages  of  such  synod,  or  has  had  less than ten resident attending  members making annual or regular contributions towards its support,  and  may  take possession of the temporalities and property belonging to such  church or parish and manage the  same;  or  may,  in  pursuance  of  the  provisions of this chapter relating to the disposition of real property,  sell or dispose of the same and apply the proceeds thereof to any of the  purposes  to  which  the property of such synod is devoted, and it shall  not divert such property  to  any  other  object.  For  the  purpose  of  obtaining  a  record  title to the land and the church edifice, or other  buildings thereon, by such synod, the surviving trustee or  trustees  of  said  extinct  church  or  if  there  be  no  surviving  trustee, then a  surviving member of said extinct church, may,  without  a  consideration  being  paid  therefor  by  such synod, convey to it said land and church  edifice, or other buildings thereon, subject, however, to  an  order  of  the  supreme  or  county  court based upon a petition reciting that said  church has  become  extinct;  the  name  of  its  surviving  trustee  or  trustees;  and  the  names  of  its  members  (who must have given their  consent to the making of said conveyance).  Upon  the  recital  of  said  facts  in  said  petition, the court shall have jurisdiction to grant an  order allowing said conveyance to be made without a  consideration;  and  should there be no surviving members, as well as no surviving trustee of  said  extinct  church,  said  petition may be made by an officer of said  synod, in which event the court, upon the recital of  said  fact,  shall  have  jurisdiction  to  appoint  a  suitable  person  as trustee for the  purpose of making said conveyance.