Masses

Masses, Alabama

From the book The Clergyman’s Hand-book of Law, about Masses, Alabama (1): Formerly as a rule of the English common law, it was held that bequests and devises for the purpose of having Masses said for the soul of the deceased, were void as superstitious uses; but under Article 1 of the Amendments to the United States Constitution, and under similar provisions in the constitutions of the several States, the English rule does not prevail in the United States. However, Alabama adopted the English rule (Festorazzi v. St. Joseph’s, 104 Ala., 327; 18 So., 394; 25 L. R. A., 360; Ex parte Schuler, 134 Mass., 436; Seiber’s Appeal, 9 At., Pa., 863; Holland v. Alcock, 108 N. Y., 312; 16 N. E., 305 ). By reading the foot-note to the Alabama case, it will be found that a majority of the States hold that such bequests are lawful (Festorazzi v. St. Joseph’s, 104 Ala., 327; 18 So., 394; 25 L. R. A., 360). Even in Alabama if the bequest had been to a clergyman or a certain person and accompanied by a request to say Masses, the court might have allowed it.(McHugh v. McCole, 97 Wis., 166; 72 N. W., 352)

Resources

Notes and References

1. Charles M. Scanlan, The Clergyman’s Hand-book of Law. The Law of Church and Grave (1909), Benziger Brothers, New York, Cincinnati, Chicago

See Also

• Religion
• Church