Editor's notes.

- In light of the similarity of the provisions, decisions under former Code 1933, § 22-410, are included in the annotations for this Code section.

Trustee subject to authority of church or society.

- Deeds of conveyance to trustees or other persons for the use of a church or religious society vest the interest conveyed to be held in the church or its trustees for its use according to the mode of church government or rules of discipline exercised by such churches or religious societies, the trustees being subject to the authority of such church or society according to the rules of discipline by which it may be governed. Switzerland Gen. Ins. Co. v. Conoway, 115 Ga. App. 533, 154 S.E.2d 796 (1967) (decided under former Code 1933, § 22-410).

Trustee had no authority to act.

- In a quiet title action involving church property, the trial court erred in making the legal conclusion that the founding pastor held the church property in fee simple absolute instead of in trust for and on behalf of the religious corporation as Georgia law expressly authorizes the creation of religious land trusts and the deed expressly referred to the pastor as a trustee. As such, the trial court erred in ruling that fee simple absolute title to the property vested in another congregation by virtue of a 1998 warranty deed executed by the pastor as the pastor had no legal authority to transfer the property without the consent and approval of the religious corporation. Second Refuge Church of Our Lord Jesus Christ, Inc. v. Lollar, 282 Ga. 721, 653 S.E.2d 462 (2007).

Trustee's power to convey.

- A trustee of church property ordinarily has no power to convey the trust estate unless such power is conferred by the instrument creating the trust, or under an order of court in a proper proceeding, or when duly authorized by the organic law of the religious society. Switzerland Gen. Ins. Co. v. Conoway, 115 Ga. App. 533, 154 S.E.2d 796 (1967) (decided under former Code 1933, § 22-410).

Statute inapplicable when no deed of conveyance.

- O.C.G.A. §§ 14-5-46 and14-5-47 were not applicable to a national church's action to quiet title in property held by a local church because there was no deed of conveyance to the trustees of the local church; two recorded title affidavits executed by lifetime attendees of the local church, one 79 years old and the other 80, asserted there had never been a question concerning the church's right of ownership of the property, but recorded affidavits relating to land are not conveyances or a legal proceeding by which one could attack the title to realty or cure a defect in the title, O.C.G.A. § 44-2-20. Kemp v. Neal, 288 Ga. 324, 704 S.E.2d 175 (2010).

Neutral principles.

- In a church property dispute between majority and minority factions of a local congregation, neutral principles of law, including the governing documents of the local and general churches, the title instruments, and the policy reflected in O.C.G.A. §§ 14-5-46 and14-5-47 showed that the property was impressed with an implied trust in favor of the Episcopal Church. Accordingly, summary judgment in favor of the Episcopal Church, the Georgia diocese, and a minority faction was proper because the Georgia bishop recognized the minority faction as the true church entitled to control of the church property. Rector v. Bishop of the Episcopal Diocese of Ga., Inc., 290 Ga. 95, 718 S.E.2d 237 (2011), cert. dismissed, 566 U.S. 1007, 132 S. Ct. 2439, 182 L. Ed. 2d 1059 (2012).

In a church property dispute, neutral principles of law, derived from the governing documents adopted by local and national churches, supported by the policy reflected in O.C.G.A. §§ 14-5-46 and14-5-47, and not contradicted by the deeds at issue, demonstrated that an implied trust in favor of the Presbyterian Church of the U.S.A. existed on a local church's property to which a corporation held legal title. Presbytery of Greater Atlanta, Inc. v. Timberridge Presbyterian Church, Inc., 290 Ga. 272, 719 S.E.2d 446 (2011), cert. denied, 567 U.S. 916, 132 S. Ct. 2772, 183 L. Ed. 2d 638 (2012).

Cited in Carnes v. Smith, 236 Ga. 30, 222 S.E.2d 322 (1976); Jones v. Wolf, 443 U.S. 595, 99 S. Ct. 3020, 61 L. Ed. 2d 775 (1979).