This text of New York § 59-B (Transfer of property of extinct parishes and churches) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 59-b. Transfer of property of extinct parishes and churches. The\nMetropolitan Synod Apostolic Episcopal Church may decide that a parish\nor church in connection with it or over which it has ecclesiastical\njurisdiction, and to which this article is applicable, has become\nextinct, if it has failed for two consecutive years next prior thereto,\nto maintain religious services according to the discipline, customs and\nusages of such synod, or has had less than ten resident attending\nmembers making annual or regular contributions towards its support, and\nmay take possession of the temporalities and property belonging to such\nchurch or parish and manage the same; or may, in pursuance of the\nprovisions of this chapter relating to the disposition of real property,\nsell or dispose of the
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§ 59-b. Transfer of property of extinct parishes and churches. The\nMetropolitan Synod Apostolic Episcopal Church may decide that a parish\nor church in connection with it or over which it has ecclesiastical\njurisdiction, and to which this article is applicable, has become\nextinct, if it has failed for two consecutive years next prior thereto,\nto maintain religious services according to the discipline, customs and\nusages of such synod, or has had less than ten resident attending\nmembers making annual or regular contributions towards its support, and\nmay take possession of the temporalities and property belonging to such\nchurch or parish and manage the same; or may, in pursuance of the\nprovisions of this chapter relating to the disposition of real property,\nsell or dispose of the same and apply the proceeds thereof to any of the\npurposes to which the property of such synod is devoted, and it shall\nnot divert such property to any other object. For the purpose of\nobtaining a record title to the land and the church edifice, or other\nbuildings thereon, by such synod, the surviving trustee or trustees of\nsaid extinct church or if there be no surviving trustee, then a\nsurviving member of said extinct church, may, without a consideration\nbeing paid therefor by such synod, convey to it said land and church\nedifice, or other buildings thereon, subject, however, to an order of\nthe supreme or county court based upon a petition reciting that said\nchurch has become extinct; the name of its surviving trustee or\ntrustees; and the names of its members (who must have given their\nconsent to the making of said conveyance). Upon the recital of said\nfacts in said petition, the court shall have jurisdiction to grant an\norder allowing said conveyance to be made without a consideration; and\nshould there be no surviving members, as well as no surviving trustee of\nsaid extinct church, said petition may be made by an officer of said\nsynod, in which event the court, upon the recital of said fact, shall\nhave jurisdiction to appoint a suitable person as trustee for the\npurpose of making said conveyance.\n