Perry v Shipway: 21 Apr 1859

The *minister of a Dissenting chapel, although duly elected, is at law only tenant at will of the trustees, in whom the legal estate is vested, and the majority of trustees in a trust constituted for such a purpose can bind the minority. Therefore, where a Dissenting minister, invited to preach for a year on probation, was, after preaching for some months, excluded from the chapel by the majority of trustees, on account of dissatisfaction as to his conduct, and afterwards, with the assistance of the minority of the trustees, got possession of the chapel and put on new locks, so as to exclude the majority of the trustees : The Court granted an injunction to restrain the minister and minority of the trustees from disturbing the legal right of the majority of the trustees to the possession and management of the chapel.

Citations:

[1859] EngR 490, (1859) 1 Giff 1, (1859) 65 ER 799

Links:

Commonlii

Jurisdiction:

England and Wales

Landlord and Tenant, Ecclesiastical

Updated: 31 October 2022; Ref: scu.287842