Summary

by John Marshall Harlan Gilmer v. Stone — Opinion of the Court

The reasons of public policy which restrict societies formed for the purpose of religious worship in their ownership of real estate do not apply at all, or, if at all, only with diminished force, to corporations which have no ecclesiastical control of those engaged in religious worship, and cannot prescribe the forms of such worship, nor subject to ecclesiastical discipline those who fail to conform to the rules, usages, or orders of the religious society of which they are members.
Source: Wikisource

by John Marshall Harlan Gilmer v. Stone — Opinion of the Court

It is also contended that the Boards of Foreign and Home Missions of the Presbyterian Church in the United States of America are foreign religious societies or foreign societies organized for religious purposes, and, as such, cannot, under the laws of Illinois, take exceeding 10 acres of land each, and that the devise in the eleventh clause, being of more than 300 acres of land jointly, is void and must fail.
Source: Wikisource

by John Marshall Harlan Gilmer v. Stone — Opinion of the Court

That act makes provision for the formation of corporations for any lawful purpose, except banking, insurance, real-estate brokerage, the business of loaning money, and the operation of railroads other than horse and dummy railroads. It also makes provision for the incorporation of societies, corporations, and associations for any lawful purpose, not for pecuniary profit, 'capable of taking, purchasing, holding, and disposing of real and personal estate for purposes of their organization.' Sections 29, 31.
Source: Wikisource

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