Custodian Appointed to Resolve Church Governance

The Orphans’ Court did not have the power to approve by-laws or a board of directors for a nonprofit corporation operating as a church following the death of the founder and sole incorporator of the church when there were no by-laws and no previously elected board of directors. The court could also not recognize purported meetings and actions by members of the church because there were disputes over membership. The court therefore appointed a custodian to prevent the dissipation of assets, determine the membership of the church, and conduct a plebiscite of the membership to elect a board of directors and adopt by-laws. In re: St. Michael’s Cathedral Orthodox Christian Church, 3 Fid.Rep.4th 1 (Philadelphia O.C. 2024).

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