§ 225-M — Property of extinct churches

New York § 225-M

• Jurisdiction: New York
• Law RCO: Religious Corporations
• Art. 11-A: Free Methodist Churches

Text

§ 225-m. Property of extinct churches. 1. Any incorporated annual\nconference or other governing body of the free Methodist church may\ndecide that a church society in connection with it or over which it has\necclesiastical jurisdiction, has become extinct, if it has failed for\ntwo consecutive years next prior thereto, to maintain religious services\naccording to the discipline, customs and usages of such governing body,\nor has had less than ten resident attending members making annual or\nregular contributions towards its support, and may take possession of\nthe temporalities and property belonging to such church, or religious\nsociety, and manage the same; or may, in pursuance of the provisions of\nthis act relating to the disposition of real property by free Methodist\ncorporations, sell or dispose of the same and apply the proceeds thereof\nto any of the purposes to which the property of such governing religious\nbody is devoted, and it shall not divert such property to any other\nobject. For the purpose of obtaining a record title to the land and the\nchurch edifice, or other buildings thereon, by such incorporated\ngoverning body, the surviving trustee or trustees of said extinct church\nor if there be no surviving trustee, then a surviving member of said\nextinct church, may, without a consideration being paid therefor by such\nincorporated governing body, convey to it said land and church edifice,\nor other buildings thereon, subject, however, to an order of the supreme\nor county court based upon a petition reciting that said church has\nbecome extinct; the name of its surviving trustee or trustees; and the\nnames of its members (who must have given their consent to the making of\nsaid conveyance). Upon the recital of said facts in said petition, the\ncourt shall have jurisdiction to grant an order allowing said conveyance\nto be made without a consideration; and should there be no surviving\nmembers, as well as no surviving trustee of said extinct church, said\npetition may be made by an officer of said incorporated governing body,\nin which event the court, upon the recital of said fact, shall have\njurisdiction to appoint a suitable person as trustee for the purpose of\nmaking said conveyance.\n