MURPHY v. BALLAM. 529

MURPHY v. DALLAM.

A devise of land to a religious sect without the leave of the legislature, in some way
previously had and obtained, is void.

This was a creditors' bill filed on the 17th of November 1824,
by John Murphy against Henrietta M. Dallam, William M. Dallam
and others, the widow, executors and devisees of Josias W. Dallam
deceased; upon which a decree was passed on the 8th of Feb-
ruary 1826, and the real estate of the deceased was sold accord-
ingly. After which the auditor, in his report of the 29th of October
1828, making a distribution of the proceeds of the sales among
the creditors, &c., says, that he had made no allowance to John
Murphy, who was a purchaser under the decree, for the lot claimed
out of the property sold to him, by the Methodist society in virtue of
a devise in the will of the deceased. Independently of other
objections, the devise would be void as against creditors.

l2th January, 1829.—BLAND, Chancellor.—It appears by the
will of the late Josias W. Dallam, that he devised one-fourth of
an acre of his lands, as described, to Francis Asbury for the use
of the Methodist society and a school. It is not shewn, that this
society ever obtained the leave of the legislature, in any manner
whatever, to take or hold this property. The act of 1802, ch. 111,
authorizes any religious society to form themselves into a body
politic, and the 8th section of that act, and the act of 1815, ch.
222, authorizes such corporations to take and hold a certain
amount of property. But it has not been shewn, that the Metho-
dist society to whom this devise was made had formed themselves
into a body politic, and thus became qualified to hold this property
by virtue of this general leave of the legislature.(a) Therefore I
am of opinion, that this devise must be considered as absolutely
null and void by virtue of the 34th article of the Declaration of
Rights; and upon that ground the claim of the society has been
properly rejected.

(a) By the act of 1791, ch. 17, it was enacted, " that the leave of the legislature
be hereby granted to the said religious society of people called Quakers, to enjoy
for ever the use of the said land in East Nottingham, and West Nottingham; provided

the Chancellor, on examination, shall find the facts above stated to be true,"
Sec. This appears to be the first act of the kind, passed in pursuance of the 34th
article of the Declaration of Rights.

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