§ 17 — Property of extinct Free Baptist churches

New York § 17

• Jurisdiction: New York
• Law RCO: Religious Corporations
• Art. 2: General Provisions

Text

§ 17. Property of extinct Free Baptist churches. The property both\nreal and personal, belonging to or held in trust for any Free Baptist\nchurch, or Free Baptist religious society organized under the laws of\nthe state of New York, that has become, or shall become extinct, shall\nvest in and become the property of the Central association existing\nunder the laws of the state of New York, and its successors and assigns;\nprovided that this section shall not affect the reversionary interests\nof any person in such property, nor the interests of any incorporated\nassociation; and any Free Baptist church or Free Baptist religious\nsociety becoming extinct or about to disband or disorganize may, by a\nvote of two-thirds of its members present and voting therefor at a\nmeeting regularly called for that purpose assign, transfer, grant and\nconvey all its temporalities to and place the same in the possession of\nthe Central association existing under the laws of the state of New\nYork.\n A Free Baptist church or Free Baptist religious society which has\nfailed for two consecutive years next prior thereto to maintain\nreligious services according to the custom and usages of Free Baptist\nchurches, or has less than thirteen resident attending members, paying\nannual pew rental or making annual contributions towards its support,\nmay be declared extinct in the following manner, viz.: Upon such notice\nas the court may prescribe, and upon application made by petition,\nstating fully the facts in the case, and on evidence being furnished\nthat the said Free Baptist church or Free Baptist religious society has\nceased to hold religious services in and use said property for religious\nworship or service for a term of two years previous to such application,\nthe supreme court, at a term thereof held in the judicial district where\nsuch property is situated, may grant an order declaring such church or\nsociety extinct, and thereon direct that all its temporalities shall be\ntransferred to, and thereupon shall be taken possession of by the\nCentral association of the state of New York, or directing that the same\nbe sold in the manner directed by said order, and that the proceeds\nthereof, after the payment of the debts of such church or society, be\npaid over to the Central association of the state of New York. All\nproperty and proceeds from the sale of property so transferred to said\nassociation shall be used and applied for the purposes for which said\nCentral association of the state of New York was organized and shall not\nbe directed to any other purpose.\n The First Free Will Baptist church of the city of New York, located in\nthe borough of Manhattan, shall in no way be amenable to the provisions\nof this section.\n