132. Major Excommunication.—As excommunication non tolerati affects the rights of citizenship, it is not lawful in England nor the United States. To say that A. has been excommunicated in any form, if untrue, is slander.[239]
133. Vote, Sentence.—When a vote of excommunication from a church has been passed in the Congregational church and the offender thereby declared no longer a member, the sentence may be promulgated by being read in the presence of the congregation by the pastor.[240]
134. Trustees, Disqualified.—The trustees of a church who have been excommunicated are not thereby disqualified in law to act as trustees.[241]
135. Devise, Void.—A parent may leave money to a child payable in yearly instalments on condition that said child shall continue to be a member of a particular church and attend the regular meetings thereof, and in case he fail so to do that the bequest be thereupon paid to a missionary society. Such a devise is not contrary to the constitution of the State of Wisconsin and is not void for any other reason.[242]
136. Fraternity, Excommunicated, Bequest.—Where a church member was also a member of an insurance fraternity connected with his church, the constitution of which required that every member of the fraternity should be and remain a practical [pg 085] Roman Catholic, when he was excommunicated from membership in the church he thereby forfeited his benefit certificate in such fraternity.[243] Also, a condition that a bequest shall be forfeited if the legatee should not marry a Protestant wife, the daughter of Protestant parents who have always been Protestants, was held to be valid and not an infringement of any constitutional right.[244]
137. Action, Expulsion.—An action can not be maintained against the parish corporation for expulsion from the church.[245]
138. Forfeiture of Membership.—Any member may forfeit his membership in a church.[246]
139. Insubordination, Expulsion, Hearing.—The authorities in the church, under its rules and discipline, have a right to exclude members in the church, for insubordination.[247] If the church has no rules as to expulsion of members, the common law prevails, and a member can not be expelled without due notice and fair hearing.[248]
140. Injunction, Mandamus, Sepulture.—An injunction will not be granted to prevent the expulsion of a member contrary to the charter and by-laws of the denomination; but if a member be expelled without warrant of law, he has his remedy by mandamus for reinstatement.[249] A person who has been expelled can not maintain an action for restoration in order to enjoy the right of sepulture, as it is premature.[250]
141. Expulsion, Illegal.—The attempt of a minority of a church to expel the majority of the members and turn over the property to another denomination is illegal. However, the same would be true if it were done by the majority.[251]