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RECTOR, CHURCH OF HOLY TRINITY v. MELISH

4 A.D.2d 256 (1957)

Rector, Churchwardens and Vestrymen of the Church of the Holy Trinity et al., Appellants, v. William H. Melish et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 24, 1957.

Attorney(s) appearing for the Case

George L. Hubbell, Jr., and Edward J. Walsh, Jr., for appellants.

Raphael H. Weissman, Hubert T. Delany and Bernard Reswick for respondents.

Hunter L. Delatour and Jackson A. Dykman for Right Reverend James P. De Wolfe, amicus curiæ.

UGHETTA and HALLINAN, JJ., concur with WENZEL, J.; NOLAN, P. J., concurs in separate opinion; BELDOCK, J., dissents and votes to affirm in opinion.

WENZEL, J.

Plaintiff the Rector, Churchwardens and Vestrymen of the Church of the Holy Trinity, Brooklyn, New York, hereinafter referred to as the Parish, is an incorporated Protestant Episcopal Church, is a subordinate member of the Protestant Episcopal Church in the United States of America, hereinafter referred to as the General Church, and, as such member, is under the jurisdiction of the General Church Diocese...

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