Editor's notes.

- In light of the similarity of the provisions, decisions under former Civil Code 1910, § 2835, and former Code 1933, § 22-408, are included in the annotations for this Code section.

In light of the similarity of the provisions, decisions under former Civil Code 1910, § 2835, and former Code 1933, § 22-408, are included in the annotations for this Code section.

The First Amendment commands civil courts to decide church property disputes without resolving underlying controversies over religious doctrine. Hence, states, religious organizations, and individuals must structure relationships involving church property so as not to require the civil courts to resolve ecclesiastical questions. Presbyterian Church v. Mary Elizabeth Blue Hull Mem. Presbyterian Church, 393 U.S. 440, 89 S. Ct. 601, 21 L. Ed. 2d 658 (1969) (decided under former Code 1933, § 22-408).

Former Civil Code 1910, § 2835 (see now O.C.G.A. § 14-5-45) does not apply when the only property right in issue is as to which of two factions of the church should have possession and control of the property, which was purchased and devoted to the use of the church for religious purposes generally. Grant-Jeter Co. v. American Real Estate Co., 159 Ga. 80, 125 S.E. 73 (1924) (decided under former Civil Code 1910, § 2835).

Jurisdiction in equity to prevent diversion of trust.

- While courts are reluctant to interfere in questions affecting the internal affairs of a religious organization, nevertheless, if property has been conveyed in trust for the use and benefit of a church, a court of equity will assume jurisdiction for the purpose of preventing a diversion of the trust. Dowdell v. Cherry, 209 Ga. 849, 76 S.E.2d 499 (1953) (decided under former Code 1933, § 22-408).

Departed majority cannot divert trust.

- Under former Civil Code 1910, § 2835 (see now O.C.G.A. § 14-5-45) it has been held that if the majority of the church depart from its organization and doctrines, they do not represent the church, and such majority cannot divest the church property from the trust to which it has been devoted. Tucker v. Paulk, 148 Ga. 228, 96 S.E. 339 (1918) (decided under former Code 1910, § 2835).

Cited in Carden v. LaGrone, 225 Ga. 365, 169 S.E.2d 168 (1969).

Am. Jur. 2d.

- 66 Am. Jur. 2d, Religious Societies, § 38.

C.J.S.

- 10 C.J.S., Beneficial Associations, § 59.

ALR.

- Determination by the civil courts of property rights between contending factions of an independent or congregational church, 8 A.L.R. 105; 70 A.L.R. 75.

Interference by courts with regulations of associations or societies as to language to be used, 36 A.L.R. 1531.

Suspension or expulsion from church or religious society and the remedies therefor, 20 A.L.R.2d 421.

Change of denominational relations or fundamental doctrines by majority faction of independent or congregational church as ground for award of property to minority, 15 A.L.R.3d 297.

Determination of property rights between local church and parent church body: modern view, 52 A.L.R.3d 324.