properly, if he had not endeavoured to rescue the charity funds from this liability to suspicion. As to the other point raised by the cross-petition, I am asked to vary the Master's report, by placing the boys' and girls' hospital, under the care of a different set of trustees, from that under the care of which the Master has placed them. The Master, in selecting new trustees, has, with my entire concurrence, whenever the charity was for church purposes, selected, as trustees, persons who were members of the church of England. It has been thought proper, that when the object of the trust has been exclusively connected with one particular religious party, the trustees who were to have the control over it should be of the same religious party. The question is, what are to be considered church purposes. When I look to this foundation, I can find nothing alluding to a church purpose; and I cannot hold, because I may have reason to suppose that Thomas Anguish, when he made his will in the year 1617, was a member of the church of England, that, therefore, he intended that the only objects of his charities should be persons who belonged to the church of England. He could easily have declared such an intention, if he entertained it. His object was to found a hospital "for the keeping, bringing up, and teaching of young and very poor children that should not have friends to help them." Mr. Blunt has very properly observed, that members of the corporation might then have been Dissenters. The 1837. In the Matter of the NORWICH Charities. 1837. In the Matter of the NORWICH Charities. The founder declared that he gave the premises to the intent, that, if it should be thought convenient, the same, being large, spacious, and well built, and having many rooms therein, might, after the ten years, be employed for the placing a master and dame, or other teachers, to bring up children that should be very poor, and should not have friends to help them, from the age of five, six, or seven years, to fourteen or fifteen, to be taught in the meantime according to their disposition, as that they might be fitting for service, or able to maintain themselves by their work. Then, having so established the school, he directs, that if neither the premises given by him should be found convenient, nor any other place be given for the purpose, the overplus of the rent, after paying for the repairs, should be applied for the helping and curing of poor distressed men, women, and children that should be hurt by falls or otherwise, or should be diseased and likely to be cured, as also for and towards the clothing of poor children, and especially towards the helping and curing of poor children that should not have friends to help them, and that should be cut for the stone, or ruptured, as many had been, and for placing persons that should be diseased and thought incurable in the lazar houses near the gates of the said city; and this course to be continued, till a hospital should be founded for the bringing up and keeping poor diseased children. Now I am told that these charities have been confined exclusively to persons belonging to the Church of England. In order to justify such an administration of the charities as this, it must be found in the terms of the foundation. The royal charter, which refers to the purposes for which the institution was established by Mr. Anguish, Anguish, provides that the charity of the Children's Hospital shall continue "in such sort as in the will of the said Thomas Anguish was mentioned." According to the terms of the charter, the mayor, sheriffs, &c., were "to maintain, educate, teach, and instruct in learning, set on work, and otherwise dispose of as many such children as the revenues would extend to, as to them should seem convenient." There is nothing, then, in the charter, at all alluding to any exclusive description of parties, who were to share the benefits of the charities; and all that can be said is, that there is a subsequent gift or settlement of 13s. 4d. to be paid to a clergyman of the Church of England for catechising the children; and that is, no doubt, highly beneficial; whatever the object of the charity may be, as to confining it or not to a particular class; for, if members of the Church of England send their children to the school, it is very fit that they should be catechised by a clergyman of their own church. That, however, is no reason why I should infer that the original institution was intended to be confined to the children of members of the Church of England. It is quite impossible that any superadded gift can alter the original purpose of the foundation. I am not called upon now to lay down any rules for the future support and regulation of the school. My principle has been, to confine the trustees to members of the Church of England, where I found that the foundation was exclusively confined to the purposes of the Church of England. I do not find that here. If I thought that there was any danger that the rules, which have for the time past been observed with respect VOL. II. Y to 1837. In the Matter of the NORWICH Charities. 1837. of the NORWICH Charities. to this charity, were likely to be departed from, it might In the Matter require more consideration; but when I find that out of twenty-one trustees who have been now selected, only four are not members of the Church of England, it is impossible to suppose that there is any real danger of altering the course of management and education which has heretofore prevailed. If, on the other hand, I should say that the Master was wrong in appointing the four trustees who are not members of the Church of England, I could only come to that decision, upon the ground that I found something in the charter, or in the constitution of the charity, which would lead me to conclude that it was meant to be exclusively confined to the children of members of the Church of England; and I should then be, in fact, excluding all others from it. For this, there are no grounds; and as I am quite sure that, in confirming the Master's report, I incur no risk of altering the management of the charity, the petition must be dismissed with costs. SARAH PHILLIPO, Widow, MARTHA GOGGS, JAMES MUNNINGS, MATT sary, AND Defendant. an executor account for a sum of money which had been bequeathed to him by his testator upon certain trusts, and which had been severed by the executor from the testator's personal estate, and the which had, for interest of a time, been applied upon the trusts of the will, is not a suit to re ATTHEW BUSCALL, of Fakenham, by his will, A suit to make dated the 19th of October 1785, amongst other bequests, gave the sum of 400l. to Edmund Buscall, upon trust to place the same out at interest upon real or government securities, and to pay the interest and dividends to the testator's sister, Sarah Buscall, for her life; and after her decease, to pay and apply the interest and dividends, or so much thereof as should be necesfor and towards the maintenance and education of John Buscall, son of Matthew Buscall, of Fransham, until he should attain his age of twenty-four years; and then in trust, in case the testator's sister should then be dead, and if not, then, on her decease, to assign, transfer, and pay the legacy of 400l. and all interest then due and unapplied as aforesaid, and the securities on which the same should be invested, to John Buscall, to and for his own use. The testator bequeathed certain legacies in trust for Philip Buscall and James Buscall, and the Plaintiffs, by their names of Sarah Buscall, Martha Buscall, and Ann Buscall, therein also described as the children of Matthew Buscall of Fransham. And the testator declared that if any of them, Philip Buscall, John Buscall, and James Buscall, Sarah Buscall, Martha Buscall, and Ann Buscall, should happen to die before his, her, or their legacy or legacies should become payable, then the legacy or legacies of him, her, or them so dying, and all interest, if any, then due thereon, and unapplied Y 2 for cover a legacy, within the meaning of the Limitation Act, 3 & 4 W. 4. c. 27. |