Summary

Charles Evans Hughes Order of St. Benedict of New Jersey v…

The legislature of New Jersey, which, subject to constitutional inhibition, is the arbiter of the public policy of that state, granted the charter by special act to the Benedictine Society of 'religious men living in community,' and it cannot be said that the constitution adopted by the Order was repugnant to the charter provisions, or exceeded the authority plainly intended to be conferred. It would seem to be clear that the obligation assumed, instead of being opposed to the public policy of the state where it was created, was directly sanctioned.
Source: Wikisource

Charles Evans Hughes Order of St. Benedict of New Jersey v…

The claim of the Order, based upon this conception of its rights, is resisted upon the grounds, (1) that the decedent had the permission of the Abbot to retain, as his own property, the proceeds of the sales of his books, and (2) that the obligation sought to be enforced by the complainant is void as being against public policy.
1. While there was evidence that Father Wirth was required to account to the Abbot for the salary and perquisites received in his church work, it appeared that the income from his books was treated in a different manner. This income he was allowed to retain and use.
Source: Wikisource

Charles Evans Hughes Order of St. Benedict of New Jersey v…

Benedict of New Jersey is solely a charitable institution, the real estate of said order and the individual earnings of its members are and must be considered as common property of the Order of St. Benedict of New Jersey, from which the members of said Order derive their support, and the balance of which income and property should serve for the following up and carrying out of the charitable objects of the Order.
Source: Wikisource

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