Reed v. Stouffer

Grason, J., delivered the opinion of the Court. It appears from the record of this case, that in the year 1787, John Eager Howard, in consideration of £100 specie, executed a deed of conveyance of a lot, at the corner of Lombard and Paca streets, in Baltimore City, to Abram Sitler and others, and their successors, as “trustees for the Society of German Baptists, commonly called Dunkers, to and for the use and behoof of the said German Baptist Society forever.” On the 17th day of November, 1808, John Eager Howard executed another deed of the same lot to trustees, some of whom are named as trustees in the deed of 1787, and others are different per ²⁴⁸ sons. The last deed recites parts of the first deed, and states that it vested only a life estate in the trustees, by reason of the omission of legal words of perpetuity, whereas, it was the intention of said Howard, that the said lot of ground should at all times thereafter be used as a burial ground or place of deposit for the remains of the members of the Society of German Baptists, commonly called “Dunkers,” and such other persons, asa majority of the trustees, residing in Baltimore City or precincts, might think proper, and give permission to be buried therein; and that any house erected, or to be erected thereon, should and might, at all times, be used as a place of public or private worship for the said Society, or such other persons, as a majority of the trustees aforesaid, residing in the city and precincts of Baltimore, should think proper; and in pursuance of such intention, and to give full effect to the original grant, he conveys, for the consideration named in the first deed, the lot to the trustees, named in the second deed, their heirs and assigns, to have and to hold, &c., to them and the male heirs of their bodies, severally and lawfully begotten, and to their proper use as tenants in common, and, in the event of no male heirs, to their heirs generally, forever. “In trust, nevertheless, and to and for the uses, intents and purposes hereinbefore mentioned, and to and for no other use, intent dr purpose whatever.” In 1849, John Stouffer, said to be the only surviving trustee, and some of the heirs-at-law of the deceased trustees, named in the deed of 1808, executed a deed of license to the “Trustees of the Disciples of Jesus Christ, in the city and precincts of Baltimore,” to erect a house of public worship, on a part of said lot. The house was built, and a dispute arose between the two religious societies as to the exclusive right to worship therein, and a suit was instituted and was brought to this Court, in which it was decided that the license was valid and binding upon the parties; that the deed of Howard, executed ²⁴⁹ in 1787, was in direct violation of the 34th Article of the Declaration of Rights, and therefore void, and that his deed of 1808, was the first valid and effective grant.

Grove vs. Trustees, &c., 33 Md., 451 . On the ninth day of November, 1874, a certificate of incorporation, alleged to be of the Society of Baptists referred to and described in the deed of 1808, was acknowledged and recorded under the general incorporation Act of 1868, ch. 471, and on the third day of December, 1874, the “ Trustees of the Church of the German Baptist Brethren” thus incorporated,filed a bill in the Circuit Court of Baltimore City, alleging that they were the cestuis que trust, for whom the lot was purchased and held in trust, and that, having become incorporated, they were entitled under the Act of 1868, ch. 471, to have a conveyance of the legal title of the lot, for which the bill prays, and for general relief. Answers were filed by some of the heirs of the trustees named in the deed of 1808, in which it is denied that the complainants were beneficiaries under that deed, or in any manner entitled to the lot thereby conveyed. In January, 1875, Charles E. and George T. Stouffer, heirs of trustees under that deed, filed their bill in the same Court, in which they allege that in consequence of the growth of the city, the lot has become unsuitable for burial purposes, and that it is necessary and would be for the interest and advantage of all 'the parties interested therein, that said burial ground should be sold, and the proceeds distributed amongst them, the remains therein interred, being first carefully removed.

The Trustees of the Church of the German Baptist Brethren answered, insisting on their right to have a'conveyance of the lot, and denying that the complainants, the heirs of the original trustees, had any beneficial interest in the lot, or any right to have it sold, or to receive the proceeds thereof; but the answer does not notice, in any manner, the allegation in the bill, that the lot was no longer suitable for a burial place. Answers ²⁵⁰ were also filed by some of the heirs, of the original trus-’ tees under the deed, and by lot-holders assenting to a sale of the lot and distribution óf the proceeds of sale. An interlocutory decree was passed against those who had not answered, and afterwards evidence was taken as to the identity of the Society o'f German Baptist Brethren, with the Society of German Baptists, called “Dunkers,” and its acts of ownership and user of the lot, and its being no longer suitable as a burial place. The two cases were consolidated, and, on the 23rd day of October, lSTT, an agreement of the parties was filed, consenting to a sale of the lot,'and that the proceeds should he brought into Court, and held subject to the further order of the Court, the right being reserved to the parties to share in the distribution of the fund, and all their rights against the same, as they had against the land itself; and a decree was passed accordingly.

Some time afterwards, this decrtee was rescinded by agreement of the parties to the cause, and an amended bill was filed, alleging that the trustees were notified by the heirs of John Eager Howard, that, in case the property should be diverted from its use as a burial ground, by a sale thereof, they would claim the same, and further alleging that the heirs of Howard have no interest in the property, but that by the true interpretation of the deed of 1808, the title of the grantees was not made to depend on the continued ' user of said property as a burial ground, but, as the claim of said heirs has thrown a cloud on the title, which would seriously affect its sale, they ask that they he brought in as defendants, and be enjoined from setting up any claim or title to the property; and be declared to have- no right, title, interest or estate therein. The Trustees of the Church of the German Baptist Brethren answered the amended bill, in which they also deny that the heirs of John Eager Howard have any interest in the property, or any right to object to or call in question their rights as asserted in ²⁵¹ their original bill or theil answer to the bill filed by the Stouffers. The heirs of Howard answered, setting forth their views of the proper construction of the deed of 1808, and the uses to which the property conveyed thereby was to be applied, and the interest which the complainants took therein. The cause was argued, and the Circuit Court decided that the decree for a sale of the property had been rightfully passed, and that a purchaser under that decree would take a valid title.

Another decree, was passed for a sale, reserving the question of the distribution of the proceeds of sale for the future orders of the Court; and from this decree the heirs of John Eager Howard have taken this appeal, and the main question presented is, whether the property can be sold, or whether it must continue to be held as a place of burial of deceased members of the Society of Herman Baptists, and of such others as a majority .of the trustees of that denomination of Christians, being and residing in Baltimore City or precincts, may think proper and give permission to he buried there P It has been contended by the appellees’ counsel, that' the decree for the sale was rightfully passed by virtue of the Act of 1868, ch. 2.11.