Property, General: Trust clause and release

F. Trust Clause and Release Therefrom

4590. All property, whether real, personal, or mixed, acquired by any local church, circuit, district, institution, agency, or other similar body of The Wesleyan Church, whether incorporated or unincorporated, shall be held in trust for The Wesleyan Church, incorporated as The Wesleyan Church Corporation under the laws of the state of Indiana, and shall contain the trust clause as set forth in 4610 (315:6; 323:8). The absence of the trust clause in the evidence of the title or other written instruments, regardless of whether such absence is due to mistake, inadvertence, or willful omission, shall in no way exclude a local church, circuit, district, institution, agency, or similar body, whether incorporated or unincorporated, from or relieve it of its responsibility to The Wesleyan Church and subjection to the authority of said Church, and such property can only be sold, transferred, or otherwise disposed of in accord with the provisions of The Discipline, concerning the sale, transfer, or encumbrance of property.

(1) For property in developing districts see 542; 4650; 4800; 4920; 4200–4260; 4500–4630.

(2) Space reserved.

(3) For local property in established districts see 510:4; 518:6; 528:5; 655:11; 725:21–22; 782:25–26, 29, 32; 850–856; 1038:3; 1180:19–20; 1233:13–14; 1310:11; 1360–1365; 4000–4070; 4100–4150; 4500–4630; 4660–4780; 4240–4250; 4830–4880.

(4) For district property in established districts see 1038:3; 1180:19–20; 1233:13–14; 1310:11; 1360–1365; 4100–4150; 4240–4250; 4500–4630; 4830–4880.

(5) For General Church property see 4200–4270; 4500–4630; 4900–4940; 475.

(6) For property of a educational institution see 4500–4630; 2362; 4250.

(7) For property of a subsidiary corporation, board, or institution other than a educational institution see 4300–4370; 4500–4630; 4240–4250.

4610. Trust Clause. All titles, deeds, and other written instruments for the conveyance of property to or for The Wesleyan Church as set forth in 4590 shall contain the following trust clause:

In trust for the use and benefit of the ministry and members of The Wesleyan Church, incorporated under the laws of the state of Indiana as The Wesleyan Church Corporation, subject to The Discipline, regulations, and appointments of said Church as from time to time legislated and declared.

4620. Real property acquired by a conveyance containing the foregoing trust clause in 4610 may be sold in conformity with the provisions of The Discipline, and when such provisions have been complied with, the real property so sold or conveyed shall be released from the foregoing trust clause, and the trustees enabled to give a good and sufficient deed (4690:1).

4630. Real property acquired by a conveyance containing the foregoing trust clause in 4610 may be mortgaged or otherwise encumbered in conformity with the provisions of The Discipline, and when such provisions have been complied with, the foregoing trust clause shall be subordinated to the mortgage lien (4690:2).