Collection › LCMS Convention Proceedings (St. Louis, Missouri) › 1911 · 28th Convention, St. Louis, Nummer 1 › Page 182

LCMS Convention Proceedings St. Louis, Missouri — 1911, Page 182

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182 Verhandlungen der 28. Allgemeinen oder

Synod may annul same, and if the said "The Evangelical Lutheran
Concordia Home," upon demand, refuses to surrender said estate or
pay the value thereof, may thereupon sue for and recover same by
appropriate legal proceedings.

The undersigned, President and Secretary of the German Evan-
gelical Lutheran Synod of Missouri, Ohio, and other States, hereby
certify that the foregoing resolutions were unanimously passed in
regular session of the above-named body on May 19, 1911, at
St. Louis, Mo.                    Signed: F. Pfotenhauer, President.

                                   Signed: R. D. Biedermann, Secretary.

Certified to before me, a Notary Public in and for the City of
St. Louis, Mo., May 20, 1911.

                                   Signed: F. W. Herzberger, Notary Public.

Commission expires August 15, 1912.

Whereas, Gerhard E. Nieman, late of the City of Allegheny,
deceased, in and by his will, since his death, duly probated and re-
corded in the Register's Office of Allegheny County in Will Book,
vol. 34, page 281, directed that after the death of his wife his estate
should be disposed of as follows:—

"Sixth — That all the remainder of her estate, be it real, personal,
or mixed, of which she may die seized of, shall be given and be-
queathed to erect or support an Orphan Asylum of the Evangelical
Church confessing and practicing the doctrines of the Unaltered
Augsburg Confession and the other symbols of said Church contained
in the Book of Concord, of A. D. 1580, and as I deem the Evangelical
Synod of Missouri, Ohio, and other States to be a body holding and
practicing said doctrine faithfully at present, I desire that Synod to
use said property for the stated purpose. Provided, nevertheless, and
on condition that said Synod remains faithful, professing and prac-
ticing said Evangelical Lutheran doctrine as it does at the present
time. Should, however, in any future time said Synod fall from
said doctrine or practice, then and in such case any truly Evangelical
Lutheran body corporate by its legal trustees shall be hereby author-
ized to claim all said property and use it as originally designed, as
afore said;"

And whereas, The German Evangelical Lutheran Synod of Mis-
souri, Ohio, and other States, referred to in said sixth paragraph of
said will, did by resolution, dated May 19, 1911, and duly adopted,
set apart, transfer, and assign said residuary estate to "The Evan-
gelical Lutheran Concordia Home" to be by it applied to the uses
and purposes designated in and by said will, and authorized and em-
powered the Trustees of said Home, in the name of the Synod, to
take the necessary proceedings to obtain possession of said estate and
transfer same to said Home — Provided — That before said estate is

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182 Proceedings of the 28th General or

Synod may annul same, and if the said "The Evangelical Lutheran
Concordia Home," upon demand, refuses to surrender said estate or
pay the value thereof, may thereupon sue for and recover same by
appropriate legal proceedings.

The undersigned, President and Secretary of the German Evan-
gelical Lutheran Synod of Missouri, Ohio, and other States, hereby
certify that the foregoing resolutions were unanimously passed in
regular session of the above-named body on May 19, 1911, at
St. Louis, Mo.                    Signed: F. Pfotenhauer, President.

                                   Signed: R. D. Biedermann, Secretary.

Certified to before me, a Notary Public in and for the City of
St. Louis, Mo., May 20, 1911.

                                   Signed: F. W. Herzberger, Notary Public.

Commission expires August 15, 1912.

Whereas, Gerhard E. Nieman, late of the City of Allegheny,
deceased, in and by his will, since his death, duly probated and re-
corded in the Register's Office of Allegheny County in Will Book,
vol. 34, page 281, directed that after the death of his wife his estate
should be disposed of as follows:—

"Sixth — That all the remainder of her estate, be it real, personal,
or mixed, of which she may die seized of, shall be given and be-
queathed to erect or support an Orphan Asylum of the Evangelical
Church confessing and practicing the doctrines of the Unaltered
Augsburg Confession and the other symbols of said Church contained
in the Book of Concord, of A. D. 1580, and as I deem the Evangelical
Synod of Missouri, Ohio, and other States to be a body holding and
practicing said doctrine faithfully at present, I desire that Synod to
use said property for the stated purpose. Provided, nevertheless, and
on condition that said Synod remains faithful, professing and prac-
ticing said Evangelical Lutheran doctrine as it does at the present
time. Should, however, in any future time said Synod fall from
said doctrine or practice, then and in such case any truly Evangelical
Lutheran body corporate by its legal trustees shall be hereby author-
ized to claim all said property and use it as originally designed, as
afore said;"

And whereas, The German Evangelical Lutheran Synod of Mis-
souri, Ohio, and other States, referred to in said sixth paragraph of
said will, did by resolution, dated May 19, 1911, and duly adopted,
set apart, transfer, and assign said residuary estate to "The Evan-
gelical Lutheran Concordia Home" to be by it applied to the uses
and purposes designated in and by said will, and authorized and em-
powered the Trustees of said Home, in the name of the Synod, to
take the necessary proceedings to obtain possession of said estate and
transfer same to said Home — Provided — That before said estate is