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Court Says Former Episcopal Congregation Loses Trust In Break-Off

By Howard M. Friedman

Diocese of Central New York v. Rector, Church Wardens, & Vestrymen of Church of Good Shepherd, (NY Sup. Ct., April 22, 2009), is another installment in the litigation involving property ownership after Church of Good Shepherd in Binghamton (NY) broke away from the Episcopal Church USA and affiliated with the more conservative Anglican Church of Kenya. (See prior postings 1, 2.) Having already ruled that Good Shepherd's property belongs to the Episcopal Church, in this decision the court concluded that Christ Episcopal Church of Binghamton, the alternative beneficiary, is now the primary beneficiary of a trust set up under the will of Robert A. Branan. The court concluded: "By all accounts, Mr. Branan was an active member of The Episcopal Church and there is simply no basis on which to find that Mr. Branan would want his money to go to those former members of The Church of the Good Shepherd that abandoned the faith that he, apparently, held so dear." [Thanks to Y.Y. Landa for the lead.]

Full post as published by Religion Clause on April 29, 2009 (boomark / email).