Duties of the Trustees of Parishes

To: Alan Boyce, Deputy for Administration
From: Harwell M. Darby, Jr., Chancellor
Date: December 8, 2002
Re: Trustees' duties and responsibilities

You have asked for a short memo on Trustees' duties and responsibilities.

The General Church Canons provide at Title I, canon 14, § 2: "Except as provided by the law of the State and Diocese, the Vestry shall be agents and legal representatives of the Parish in all matters concerning its corporate property &"

The General Church Canons also provide in Title I, canon 7, that trustees may not alienate real property without written consent of the Bishop and the Standing Committee and that all real and personal property held by a Parish is held in trust for the church and the Diocese.

Our diocesan canons also reflect the prohibition on the trustees on alienation of real property without consent of the Bishop (with advise and consent from the Standing Committee) and, at Canon 17, require the appointment of trustees "in whom is vested title to any and all real property owned by [a parish]."

The Virginia Code, at § 57-8, provide for the appointment by the circuit court of trustees "for the purpose of holding and conveying legal title to real estate." It goes on, at § 57-16, to provide for the accommodation of canonical laws relating to the acquisition and conveyance of "any real or personal property," bringing the matter full circle to the General Church canon designating the Vestry as the agents and legal representatives of the parish in matters concerning its corporate property.

Since a Vestry is already an agent of the parish, it cannot without specific authority further appoint another agent. The only specific authority under our Diocesan canons is to appoint the Trustees to hold title. Trustees normally only hold and convey title to real property. This is done at the request of the Vestry, and all substantive decisions as to parish property are (and should be) made by the Vestry.