In re Escot Church

Escot House, which was in the United Kingdom, was the family estate of John Kennaway and his family. In 1838, Kennaway’s ancestors built Escot Church near the estate, and the Kennaway family patronized and assisted in furnishing the church, giving it multiple items over the years. In around 1950, a painting owned by the Kennaway family was hung in the church, where it remained for over 20 years. In 1977, church administrators sent the painting away to be restored. When it returned, it was re-hung in the church. At some point after the restoration, churchwardens broached the notion of selling the painting, but no further action was taken, and the painting was not sold. In October 1977, Kennaway asserted ownership of the painting. He said that his family had only loaned the painting to the church, not gifted it outright, and asked for the painting to be returned to the Kennaway family. Kennaway then filed a petition before the ecclesiastical court asserting ownership of the painting. At the hearing, testimony was given by Kennaway’s wife; by E. H. Brown, the treasurer of the church council; and by a churchgoer named Hilda Feather. Mrs. Kennaway testified that when she brought the painting to the church, she intended a loan, not a gift. She also stated that when she brought the painting to the church, she did not believe it would hang in the church as long as it did. Feather testified that Mrs. Kennaway had told her that the painting did not suit Escot House and that she meant to gift it to the church. Brown testified that when he spoke to Kennaway about the painting’s restoration, Kennaway said nothing to indicate ownership. The chancellor examined all the evidence to determine the painting’s ownership.