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IN RE CHURCH OF ST. JAMES THE LESS

888 A.2d 795 (2005)

In re CHURCH OF ST. JAMES THE LESS. Appeal of the Church of St. James the Less, Karl H. Spaeth, Gary E. Sugden, Becky S. Wilhoite and Robert Snead.

Supreme Court of Pennsylvania.

Decided December 29, 2005.

Attorney(s) appearing for the Case

Jerome J. Shestack, Philadelphia, Brad Patrick Bender, Valerie J. Munson, Philadelphia, for Church of St. James the Less, Karl Spaeth, Gary Sugden, Becky Wilhoite and Robert Snead.

Adam E. Lyons, William C. Bullitt, Mary Elizabeth Kohart, Philadelphia, Meghan Cherner-Ranft, New York, NY, for Episcopal Diocese of PA and Bishop Charles E. Bennison, Jr.

Heather Anderson, Adam Braverman, The Episcopal Church.

Before: CAPPY, C.J., CASTILLE, NIGRO, NEWMAN, EAKIN and BAER, JJ.

OPINION

Justice NIGRO.

The issue presented in this appeal is whether the property of the Church of St. James the Less ("St. James") is subject to a trust interest in favor of the Protestant Episcopal Church of the Diocese of Pennsylvania (the "Diocese"). The Commonwealth Court concluded that St. James' property was subject to such a trust and we now agree with that conclusion.

St. James was founded in April 1846 when a group of Episcopalians...

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