The trustees and their successors have power to receive donations, and to purchase, take and hold property, real and personal, in trust for such church or denomination, religious society or congregation; and they may sue or be sued in all proper actions, for or on account of the donations and property so held or claimed by them, and for and on account of any matters relating thereto. They shall be accountable to the churches, denominations, societies and congregations for the use and management of such property, and shall surrender it to any person authorized to demand it. (1796, c. 457, ss. 1, 3; 1844, c. 47; 1848, c. 76; R.C., c. 97; Code, ss. 3667, 3668; Rev., ss. 2670, 2671; C.S., s. 3569.)
Notes of Decisions
Cited in
11
cases (
1 in the last 5 years), 1948–2021 · leading case:
State v. Campbell, 772 S.E.2d 440 (N.C. 2016).
State v. Campbell, 772 S.E.2d 440 (N.C. 2016).
· cites it 3× “See N.C.G.S §§ 61-2 to -5 (2013). Therefore, we hold that alleging ownership of property in an entity identified as a church or other place of religious worship, like identifying an entity as a “company” or “incorporated,” signifies an entity capable of owning property, and the…”
Bridges v. Oates, 167 N.C. App. 459 (N.C. Ct. App. 2004).
· cites it 2× “See N.C. Gen. Stat. § 61-2 (2003) (stating that in regards to donations, real and personal property, trustees “shall be accountable to the churches, denominations, societies and congregations for the use and management of such property”).”
Bridges v. Oates, 605 S.E.2d 685 (N.C. Ct. App. 2004).
· cites it 2× “See N.C. Gen.Stat. § 61-2 (2003) (stating that in regards to donations, real and personal property, trustees "shall be accountable to the churches, denominations, societies and congregations for the use and management of such property").”
Reid v. Johnston, 85 S.E.2d 114 (N.C. 1954).
“*205 A majority of the membership of the North Eocky Mount Missionary Baptist Church may not, as against a faithful minority, divert the property of that church to another denomination, or to the support of doctrines, usages, customs and practices radically and fundamentally…”
Pressly v. Walker, 78 S.E.2d 920 (N.C. 1953).
“The trustees and their successors have power to receive donations, and to purchase, take and hold property, real and personal, in trust for such church or denomination, religious society or congregation; and they may sue or be-sued in all proper actions, for and on account of…”
Wheeless v. Barrett, 49 S.E.2d 629 (N.C. 1948).
· cites it 3× “A careful consideration of the pleadings, in the light of applicable statutes, G. S., 61-2, and G. S., 61-3, and decisions of this *288 Court, Kerr v.”
Goard v. Branscom, 189 S.E.2d 667 (N.C. Ct. App. 1972).
· cites it 2× “61-2, it is provided that: “The trustees and their successors have power to receive donations, and to purchase, take and hold property, real and personal, in trust for such church or denomination, religious society or congregation; and they may sue or be sued in all proper…”
McKnight v. Wakefield Missionary Baptist Church, Inc., 2021 NCBC 35 (N.C. Bus. Ct. 2021).
· cites it 10× “See N.C.G.S. § 61-2 (stating that trustees of an unincorporated church have the power to hold property “in trust for such church” and “may sue or be sued in all proper actions, for or on account of the donations and property so held or claimed by them, and for and on account of…”
United Church of God, Inc. v. McLendon, 344 S.E.2d 373 (N.C. Ct. App. 1986).
“, has the right to control the property of its alleged local affiliate, St. Luke United Church of God of America.”
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