SLEUDIAN FRIP

Wednesday, April 29th, 2009 | Uncategorized

Sometimes a person says a whole lot more than he means to:

A New York state trial court justice has ruled that members of Church of the Good Shepherd in Binghamton who left the Episcopal Church over theological differences are not entitled to keep a 1986 bequest of jewels and money.

Lebous had been asked to rule on the ownership of a gift that a former clerk of the Good Shepherd vestry, Robert Branan, made in his will. He left $1,500 “together with all my diamond, ruby and opal rings for the purpose of creating a chalice and paten.” The jewels were to be set into the vessels.

“While Good Shepherd may have abandoned the Episcopal faith, Mr. Branan never did, and his intent was clearly to benefit a local Episcopal church,” the justice wrote. He added that there is “simply no basis on which to find that Mr. Branan would want his money to go to those former members of the Church of the Good Shepherd that abandoned the faith that he, apparently, held so dear.”

19 Comments to SLEUDIAN FRIP

Whitestone
April 29, 2009

The judge, like many still within the Episcopal Church, has failed to discriminate between the Faith and the organization which in this case most of its manifestations, that is, the liberal clergy, laity, dioceses and parishes, has departed from and no longer represents, practices or contains the Faith.

Wonder if it could be determined by his testimony and life, his will or his letters, the testimony of his family, which one the deceased cherished, the organization or the Lord and the Faith He authored?

JM
April 29, 2009

Ah, the Fellowship of the Fancy Rings. Der Ring des Bling-alungen.

Whitestone
April 29, 2009

Here’s another such slip from Barack Obama:
“It is the grimmest of ironies that one of the most savage, barbaric acts of evil in history began in one of the most modernized societies of its time, where so many markers of human progress became tools of human depravity: science that can heal, used to kill; education that can enlighten, used to rationalize away basic moral impulses; the bureaucracy that sustains modern life, used as the machinery of mass death, a ruthless, chillingly efficient system where many were responsible for the killing, but few got actual blood on their hands.”
4/23/09

Janjan
April 29, 2009

My College roommate used to date Ferris Lebous. (She was from way upstate and called him “Fare-is”) He was a Catholic if I recall, and perhaps this colors his understanding. I wouldn’t expect he would understand what’s going on theologically with these people.

R. Scott Purdy
April 29, 2009

I do wonder, if, hypothetically, the Diocese of Honduras were to decide to leave TE”c” and align with the Province of the Southern Cone, would KJS feel compelled to sue for their property, and if so, would she sue in Honduras or in a US venue.

bob
April 29, 2009

Now, will the valuable objects *still* go to building a chalice, owned by ECUSA? Somehow I think any interested party should keep an eye on what happens to them….

Robb
April 29, 2009

Do remember. A judge is just a lawyer in choir robes. Nothing more.

dwstroudmd
April 29, 2009

But he clearly recognizes the Episcopal faith when he sees it and divines the donors mind that it was to such faith and not to the congregation that he willed his stuff. I see a TV show or major movie along the lines of the I see ghosts and whisper or such…………..

Therese Z
April 29, 2009

He left it 23 years ago for a purpose that has not yet fulfilled? WHEN were they exactly going to get around to making the chalice? I have to think that if that beautiful gift had been left to a truly worshipping church, they would have been honored to lose no time in preparing the chalice in his memory.

Something is wrong with a church community that fails to fulfill the wishes of its members to such an extent. Better to leave it behind with the rest of the temporal riches?

Floridian
April 29, 2009

Actually, if you go to the blog of the Good Shepherd, and read the letter from Matt+ Kennedy to the congretation and the comments, you will learn that the judge not only denied them the bequest, he also made accusations of misdeeds the church funds and furnishings that pretty much invited the diocese begin to take depositions for other legal action the departed congregation. I hope for the diocese’s sake, they do not do so; they are already in enough trouble with The Supreme Judge.

http://binghamtongoodshepherd.blogspot.com/2009/04/letter-to-church-of-good-shepherd.html

Sasha
April 29, 2009

That “judge” is no judge but a Commie activist!! I sure hope the congregation appeals this obviously bigoted “ruling”!!

The young fogey
April 29, 2009

That bequest dates from when Good Shepherd, Binghamton was Anglo-Catholic. I understand it stopped being so under an incumbent trained at VTS, the one before the Revd Matt Kennedy. So in a way, in my POV, it gave up the ghost long before this row. I feel bad for the Kennedys but they’re conservative Protestants; I have no dog in this fight and credal orthodoxy isn’t a licence to steal property.

Allen Lewis
April 29, 2009

I think the judge probably made the correct ruling anent the Branan Trust. It may be true that Mr. Branan would be dismayed at where his trust fund is now going. Obviously, the Episcopal Church in 1984 is not the same as the Episcopal Church in 2009. But there it is, the language was fairly clear in his will.

I am more upset with the judge’s allegations of financial chicanery on the part of the Rector and Vestry of COGS. I think, given the circumstances, that the people of the congregation had every right to deprive the Episcopal Church of any extra money given during the period when the lawsuit was ongoing. Why should the Episcopal Church be entitled to any extra money? If the regular operating expenses were paid and the money was spent on the missions that the church community had going, then I do not see where any money was “diverted.”

What I think the congregation was trying to do was ensure that no “overage’ of money could be taken by the diocese. That would only be prudent stewardship in my book. But then I never took a course in Straining at Gnats While Swallowing Camels, so I guess I am not qualified to have an opinion on such matters.

Fuinseoig
April 29, 2009

Therese, I felt the same way – the man died in 1986 and they’ve still not made the chalice and paten?

It’s very hard on the Good Shepherd parish; I thnk the legal decision is correct on the wording of the will and trust law, but I do rather think that a man who left money and jewels for a chalice wouldn’t be thrilled with what’s happened in TEC since.

Matt Kennedy
April 30, 2009

The Young Fogey,

Actually Mr. Branan died during the ministry of my predecessor…which would be the VTS trained rector of whom you speak. I would not say that Good Shepherd became evangelical under his leadership…more “high church” protestant than conservative evangelical–the distinction may be a small one to you…but there is a distinction.

Therese Z: I wish you would not be so quick to assume. As to the Jewels…my understanding when I arrived was and remains that there was still one outstanding condition that had to be met according to the bequest before the chalice could be made and that condition was still pending…and off the top of my head I cannot remember that condition. It may be the passing of the present heir who is still living.

As for the language of the will, I’m not sure whether Allen Lewis or Fuinseoig have read it or not…but in my view the language is quite clearly not language that benefits any larger entity…most especially not the diocese which is not even mentioned. In fact if Good Shepherd merges with any other church or changes its name, the bequest says that it will remain with the congregation and says nothing about the larger diocese. And if I am correct, the court is to decide the intent of the deceased based on the wording of the bequest…it is difficult, in my view, given the wording to construe this in the way the judge has.

In any case, its simply money and we can live without it. We can’t live without the Lord.

Thank you to everyone for your support and prayers.

the pilgrim
April 30, 2009

Instead of all this speculation as to why the chalice and paten have not been made, why not as Matt? He’s only two blogs over…

My thought would be that a custom made chalice and paten, hand set with bequeathed jewels would be well beyond the reach of a working class parish like COGS.

Katherine
April 30, 2009

The allegations about the Vestry doing something wrong are pretty ugly. Apparently, people stopped giving to the parish once the lawsuit was filed. I might have done the same, under the assumption that the Diocese would take my tithe along with the parish, which is what happened. Why pay your adversary to help take your stuff? What are they going to do, sue people who stopped putting money on the offering plate?

FW Ken
April 30, 2009

pilgrim,

My last Episcopal parish (another “Good Shepherd”, as it happens) managed a lovely chalice made largely from old gold, silver, and jewels donated by parishioners. The parish was, arguably, a social step above “blue collar”; in fact, it was economically mixed, but very small.

Janjan
April 30, 2009

Maybe they didn’t know where to find a real silversmith who makes holloware. As a trained metal smith, I can tell you the equipment for making hollow ware is very rare and hard to find these days. You need all sorts of forming stakes and special hammers to raise and sink the metal, as well as equipment to melt the metal and rolling mills to shape it into sheet. I know how to do all of that (not expertly) but without access to a fully equipped workshop there is no way to do it.

As for the decision, I also think it probably was the right one, but I get the point Chris is making about the judge saying more than he even understood. I wonder if Fare-is married that girl. She was a senior when I was a freshman.

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