ART. 23] RELIGIOUS CORPORATIONS. 683

Devises.

This, and the two following sections, referred to in upholding a devise to
the Baltimore Monthly Meeting of Friends, a corporation, In trust for the
benefit of a school under the charge and control of said corporation. Erhardt
v. Baltimore Monthly Meeting, 93 Md. 681.

Devises and bequests for charitable uses are not to be held void by reason
of the uncertainty of the donees, provided the will contains directions for
the formation of a corporation to take the same, and provided such corpora-
tion is formed within twelve months—art. 93, sec. 328.

Generally.

This, and the following sections, do not authorize the incorporation of
the members of a congregation or of the congregation itself, .but only certain
persons belonging to, and selected by, the congregation. The male members
of a church are invested with no visitorlal power over ministers or trustees
or interests in the property of the corporation. The powers granted to the
trustees apply only to the management of the property, no authority being
given over matters of doctrine or discipline. This and the following sections,
are an amendment of the act of 1802, ch. 111. Shaeffer v. Klee, 100 Md. 269;
Phillips v. Insley, 113 Md. 349; Stubbs v. Vestry of St. John's Church, 96
Md. 267. And see Tartar v. Gibbs, 24 Md. 336; African Methodist, etc.,
Church v. Carmack, 2 Md. Ch. 143.

Where the certificate of incorporation of a religious corporation is defec-
tive, the fact that it has held Itself out as a corporation and treated with the
plaintiff as such, does not estop it from denying the validity of its incor-
poration. No authority having been given the judge by this and the fol-
lowing sections, to determine that the law has been complied with in the
certificate of Incorporation, his certificate is not sufficient evidence of such
fact. Boyce v. Towsontown M. E. Church, 46 Md. 372.

Where it does not appear that the trustees of a church have formally
adopted a seal, a deed purporting on its face to be the act of the body
corporate and signed by each of the trustees, with the word "seal" appended
to their signatures, is valid. Phillips v. Insley, 113 Md. 349.

The act of 1802, ch. 111, held not to be restricted to individual churches
or societies, but that two different denominations might form one society
or congregation. Neale v. St. Paul's Church, 8 Gill, 116.

The act of 1802, ch. 111, was not a substitute for the Vestry Act of 1798,
ch. 24, and the manner of the Incorporation of vestries and the establish-
ment and government of parishes under the latter act, is different from the
manner of the incorporation and the exercise of the rights and duties of
religious corporations as prescribed by the former act. Bartlett v. Hipkins,
76 Md. 34 (dissenting opinion).

For other eases dealing with the act of 1802, ch. 111, see Miller v. Eschbach,
43 Md. 5; State v. Warren, 28 Md. 352; Weber v. Zimmerman, 23 Md. 57;
Weber v. Zimmerman, 22 Md. 169; Murphy v. Dallam, 1 Bl. 529.

The act of 1852, ch. 231, was not Intended to apply to religious corpora-
tions, and all our corporation laws since that act, have recognized the dis-
tinction between religious and charitable corporations. Baltzell v. Church
Home, 110 Md. 262.

The requirements of this and the succeeding sections, held to have been
complied with. Reed v. Stouffer, 56 Md. 255.

As to the vestry act, see Bartlett v. Hipkins, 76 Md. 5; Hanson v. Little
Sisters, 79 Md. 438; Brayshaw v. Ridout, 79 Md. 459; Allender v Trinity
Church, 3 Gill, 171.

As to exemptions from taxation of buildings, furniture, etc., used for
public worship, see art. 81, sec. 4.

1904, art. 23, sec. 302. 1888, art. 23, sec. 206. 1868, ch. 471, sec. 157.
340. The trustees so elected shall have perpetual succession by their
name of incorporation, and shall be capable in law to purchase, take
and hold to them and their successors in fee, or for a less estate, any
lands, tenements or hereditaments, rents or annuities, goods or chattels
within this State, by the gift, bargain, sale or devise of any person, body