57-16 - Property held, etc., by ecclesiastical officers. - Virginia Statutes

§ 57-16. Property held, etc., by ecclesiastical officers.

A. How property acquired, held, transferred, etc. - Whenever the laws, rulesor ecclesiastic polity of any church or religious sect, society ordenomination commits to its duly elected or appointed bishop, minister orother ecclesiastical officer, authority to administer its affairs, such dulyelected or appointed bishop, minister or other ecclesiastical officer shallhave power to acquire by deed, devise, gift, purchase or otherwise, any realor personal property, for any purpose authorized and permitted by its laws,rules or ecclesiastic polity, and not prohibited by the laws of Virginia, andthe power to hold, improve, mortgage, sell and convey the same in accordancewith such laws, rules and ecclesiastic polity, and in accordance with thelaws of Virginia.

B. Transfer, removal, resignation or death of ecclesiastical officer. - Inthe event of the transfer, removal, resignation or death of any such bishop,minister, or other ecclesiastical officer, the title and all rights withrespect to any such property shall pass to and become vested in his dulyelected or appointed successor immediately upon election or appointment, andpending election or appointment of such successor, such title and rightsshall be vested in such person or persons as shall be designated by the laws,rules, or ecclesiastical polity of such church or religious sect, society ordenomination.

C. Validation of deeds, etc. - All deeds, deeds of trust, mortgages, wills orother instruments made prior to March 18, 1942, to or by a duly elected orappointed bishop, minister or other ecclesiastical officer, who at the timeof the making of any such deed, deed of trust, mortgage, will or otherinstrument, or thereafter, had authority to administer the affairs of anychurch or religious sect, society or denomination under its laws, rules orecclesiastic polity, transferring property, real or personal, of any suchchurch or religious sect, society or denomination, are hereby ratified anddeclared valid. All transfers of title and rights with respect to property,prior to such date from a predecessor bishop, minister or otherecclesiastical officer who has resigned or died, or has been transferred orremoved, to his duly elected or appointed successor, by the laws, rules orecclesiastic polity of any such church or religious sect, society ordenomination, either by written instruments or solely by virtue of theelection or appointment of such successor, are also hereby ratified anddeclared valid.

D. Insufficient designation of beneficiaries or objects of trust. - No gift,grant, bequest or devise made on or after March 18, 1942, to any such churchor religious sect, society or denomination or the duly elected or appointedbishop, minister or other ecclesiastical officer authorized to administer itsaffairs, shall fail or be declared void for insufficient designation of thebeneficiaries in, or the objects of, any trust annexed to such gift, grant,bequest or devise; but such gift, grant, bequest or devise shall be valid;provided, that whenever the objects of any such trust shall be undefined, orso uncertain as not to admit of specific enforcement by the courts of theCommonwealth, such gift, grant, bequest or devise shall be held, managed, andthe principal or income appropriated, for the religious and benevolent usesof such church or religious sect, society or denomination by its duly electedor appointed bishop, minister or other ecclesiastical officer authorized toadminister its affairs.

E. Rights and remedies cumulative. - The rights created and the remediesprovided in this section shall be construed as cumulative and not exclusive.

F. No implied repeal of other provisions. - This section shall not be soconstrued as to effect an implied repeal of any other provisions of thischapter.

(1942, p. 382; Michie Code 1942, § 38a; 1962, c. 306; 1966, c. 308; 2005, cc.681, 772.)