Missing the trust issue: Litigators beware

Charles E. Rounds, Jr.
Contact

In 2017, South Carolina’s Supreme Court decided The Protestant Episcopal Church in the Diocese of South Carolina [the “Disassociated Diocese”] v. The Protestant Episcopal Church of the United States of America [the “Established Church”], a property dispute between certain disassociating parishes and the Established Church. Said parishes asserted that their properties were held in trust for themselves, not for the Established Church. Eight of the parishes prevailed. Here is a link to the South Carolina case: https://law.justia.com/cases/south-carolina/supreme-court/2017/27731.html. Compare it with The Parish of the Advent v. The Protestant Episcopal Diocese of Massachusetts, et al., 426 Mass. 268 (1997), a governance dispute between a disassociating parish and the Established Church, in which lawyers for the disassociating parish, it is suggested to the detriment of their client, neglected to confine the scope of the litigation to secular trust law (or even to raise the secular trust issue). See text accompanying footnote 33 of the Massachusetts case: http://masscases.com/cases/sjc/426/426mass268.html. See also Rounds & Rounds, Loring and Rounds: A Trustee’s Handbook §8.25 (2018), in which concern is expressed that nowadays few, if any, American law schools still require Agency, Trusts, and Equity. The section is reproduced in its entirety below.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Charles E. Rounds, Jr., Suffolk University Law School | Attorney Advertising

Written by:

Charles E. Rounds, Jr.
Contact
more
less

Suffolk University Law School on:

Reporters on Deadline

Related Case Law

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.