No. 11. 9 Geo. II. c. the Days of the Transfer and Death), and unless the same be made to 36. take Effect in Possession for the charitable Use intended, immediately The said Limita from the making thereof, and be without any Power of Revocation, Reservation, (5) Trust, Condition, Limitation, Clause, or Agreement whatsoever, for the Benefit of the Donor or Grantor, or of any Person or Persons claiming under him. II. Provided always, That nothing herein before mentioned retions not to extend lating to the sealing and delivering of any Deed or Deeds, twelve Purchases or Calendar Months at least before the Death of the Grantor, or to the valuable Consider Transfer of any Stock six Calendar Months before the Death of the to Transfers made for auons. at L, and expressing that the Testator expected he would settle and forward every Thing to promote and carry on the Work of GoD at L, both in his Lifetime and after his Decease, and it was held, that though the subsequent Limitation was void the Defendant's Life Estate was clearly good. [There can be little Doubt, that if no Objection had existed to the Legality of the Devise, the Expression of the Expectature would have been deemed Imperative ;-for which see several Cases cited in a Note to the Report; and in the Case next mentioned, Lord Commismissioner Ashurst observed, that perhaps it was not so much looked into as it might have been. It appears also to have been decided in the Absence of Ashurst and Buller J. and with that kind of Hurry which is always to be regretted in the Administration of Justice.] But in Grieves v. Case, 4 Bro. Ch. 67, 1 Vesey, Jun. 548, upon a Devise of Money to be laid out in Lands for Mendham for Life; afterwards as to Part for Eastaugh for Life; and as to the Remainder to the Preacher of a certain Chapel for the Time being, he and E. exchanging the Duty; and after the Decease of both, to the Preacher or Preachers at the Chapel, with a Proviso that if Mendham or Eastaugh should withdraw preaching at the Chapel, to go to the Preachers appointed in their Room, the Whole was determined to be void. And per Lord Commissioner Eyre," It was argued that there was a Personal Bounty intended for M. and E. I agree that there was; but it is equally apparent, that it flowed from a Confidence in them in the Character of Ministers, and not in any other Way. Then it comes to the Question, whether if a Plain Trust and Disposition to a charitable Use is manifested by the Will, and intended throughout, but if that Disposition is also manifested with a certain Degree of Personal Bounty and Favour to particular Objects that will take the Case out of the Statute: but I am of Opinion, that if the Personal Bounty cannot be separated from the general Object, in Respect of which they are to have that Preference, it is not sufficient. Upon a Devise to Trustees to take a House as a School, and that the Children and Grand Children of certain Relations of the Testator should be educated there, and then placed out as Apprentices; and that such other Boys and Girls should be placed there as the Trustees should think fit: the Disposition was held good so far as regarded the particular Relations coming in Esse within the Time allowed by Law; and void so far as it went to establish a Charity for General Purposes ;-the Lord Chancellor declared he did not mean to prevent the Trustrees from taking other Children as long as the School was to be kept open for the Children and Grand Children, Blandford v. Thackerell, 2 Vesey, Jun. 238. 4 Bro. Ch. 394; but see White v. White, 7 Vesey 423. Attorney General v. Price, 17 Vesey, 371. Isaac v. De Friez, note, ibid. in which Dispositions to poor Relations were sustained as general Charities. In Curtis v. Hulton, 14 Vesey, 537, it was contended, that a Disposition of Land for charitable Purposes in Scotland or elsewhere out of England was good, but ruled contra. (5) A Conveyance of Land subject to a perpetual Rent Charge to the Grantor for charitable Purposes, is apparently void, although the Rent Charge is intended as a full Equivalent, without any Purpose of Bounty on the Part of the Grantor. On this Account it was thought necessary under the Sanction of several Opinions of the first Eminence, to obtain an Act of Parliament to confirm the Title of the Manchester Infirmary. The Practice is to make a Grant or Demise in general Terms; and for the Grantees to make a subsequent Conveyance or Declaration of Trust. No. 11. Grantor or Person making such Transfer, shall extend, or be construed to extend, to any Purchase of any Estate or Interest in Lands, 9 Geo il. c. 56. Tenements, or Hereditaments, or any Transfer of any Stock, to be made really and bona fide for a full and valuable Consideration actually paid at or before the making such Conveyance or Transfer without Fraud or Collusion. (6) III. And be it further enacted by the Authority aforesaid, That Gifts, &: made all Gifts, Grants, Conveyances, Appointments, Assurances, Transfers, otherwise. and Settlements whatsoever, of any Lands, Tenements, or other He-lutely void. reditaments, or of any Estate or Interest therein, or of any Charge or Incumbrance affecting or to affect any Lands, Tenements, or Hereditaments, or of any Stock, Money, Goods, Chattels, or other Personal Estate, or Securities for Money to be laid out or disposed of in the Purchase of any Lands, Tenements, or Hereditaments, or of any Estate or Interest therein, or of any Charge or Incumbrance affecting or to affect the same, to or in Trust for any charitable Uses whatsoever, which shall at any Time from and after the said Twentyfourth Day of June One Thousand Seven Hundred and Thirty-six, be made in any other Manner or Form than by this Act is directed and appointed, shall be absolutely, and to all Intents and Purposes null and void. (7) (6) A Contract for Sale of Land to a Charity upon which the Purchase Money was not paid in the Life of the Seller, not carried into Effect after his Death against his Heir at the Instance of the Charity and personal Representatives.-Attorney General v. Day, 1 Ves. 218. (7) A Devisee in general Terms may be compelled to answer whether the Devise was made upon a secret. Trust or Promise to apply the Property to charitable Uses; in which Case the Statute attaches. See Strickland v. Aldridge, 9 Vesey, 516, and the Authorities there cited; but if there is a Will in itself valid, and a subsequent unattested Paper not communicated to the Devisee, indicating the Purpose of the Testator to devote the Land to charitable Purposes, the Devisee may object that the Estate was devised by a Will well executed; and that the subsequent Paper was not well executed. See Adlington v. Cann, 3 Atk. 141. It is settled that a Court of Equity will not marshal Assets so as to give a charitable Legacy a Preference in the Application of the personal Estates, and throw a greater Burthen on the Real Estate in Respect of Debts and other Legacies. Makeham v. Hooper, 4 Bro. Ch. 153, and the several Cases there cited. As to the Manner of apportioning the respective Funds, see the Attorney General v. the Earl of Winchelsea, 3 Bro. Ch. 378. Howse v. Chapman, 4 Vesey, 542. Paice v. Archbishop of Cant. 14 Ves. 364. In Arnold v. Chapman, 1 Vesey, 108. upon a Devise to J. S. he paying the Testator's Executors £1000, and the Residue of the Personal Estate to a Charity, it was ruled that the Legacy was intended as Part of the charitable Fund, and being void, enured for the Benefit of the Heir at Law. Grosvenor v. Hallam, cited 1 Bro. Ch. 61. Devise subject to a Rent upon Trust to sell and pay the Money as directed, the Rent being for charitable Purposes, belongs to the Heir at Law, and not to the Legatee of the Money. See this Case, Ambl. 643. In Jackson v. Hurlock, Ambler 487, upon a Devise to S. M. subject to charitable Legacies, ruled that the Legacies sunk for the Benefit of the Devisee. So Wright v. Row, 1 Bro. Ch. 61. A void charitable Legacy of Personalty or Real Estate, converted out and out into Personalty, falls into the general Residue. Durour v. Motteux, 1 Ves. 321. So in Case of a Bequest of Leasehold Premises. Stanley v. Barker, 4 Vesey, 732, but upon Trust to sell and pay the Purchase Money, or a particular Part thereof, to a Charity, the Heir is entitled to the Amount given to the Charity. See Ackroyd v. Smithson, 1 Bro. Ch. 503. Gibbs v. Ramsey, 2 V. and B. 294. As to Funds provided for Charity Legacies being applied to make good a Deficiency of Assets for other Legacies. See Currie v. Pie, 17 Vesey, 462. No. 11. versities, or the Winchester, IV. Provided always, That this Act shall not extend, or be 9 Geo. II. c. 36 construed to extend, to make void the Dispositions of any Lands. But not to preju Tenements, or Hereditaments, or of any Personal Estate to be laid out dice the two Uni- in the Purchase of any Lands, Tenements, or Hereditaments, which Colleges of Eton, shall be made in any other Manner or Form than by this Act is or directed, to or in Trust for either of the two Universities within that Part of Great Britain called England, or any of the Colleges or Houses of Learning within either of the said Universities, or to or in Trust for the Colleges of Eton, Winchester, or Westminster, or any or either of them, for the better Support and Maintenance of the Scholars only upon the Foundations of the said Colleges of Eton, Winchester, and Westminster. (8) V. Provided nevertheless, and be it enacted by the Authority No College to aforesaid, That no such College or House of Learning, which doth or hold more Advow shali hold or enjoy so many Advowsons of Ecclesiastical Benefices as equal to one Moi are or shall be equal in Number to one Moiety of the Fellows or Perety of their Fel sons usually stiled or reputed as Fellows, or, where there are or shall sons than shall be lows, &c This 4ct not to extend to Estates in Scotland. be no Fellows or Persons usually stiled or reputed as Fellows, to one Moiety of the Students upon the Foundation, whereof any such College or House of Learning doth or may by the present Constitution of such College or House of Learning consist, shall, from and after the Twenty-fourth Day of June, One Thousand Seven Hundred and Thirty-six, be capable of purchasing, acquiring, receiving, taking, holding, or enjoying any other Advowsons of Ecclesiastical Benefices by any Means whatsoever; the Advowsons of such Ecclesiastical Benefices as are annexed to, or given for, the Benefit or better Support of the Headships of any of the said Colleges or Houses of Learning, not being computed in the Number of Advowsons hereby limited. (9) VI. Provided always, That nothing in this Act contained shall extend, or be construed to extend, to the Disposition, Grant, or Settlement of any Estate, Real or Personal, lying or being within that Part of Great Britain called Scotland. (10) (8) In the Case of Christ's College, Cambridge, 1 Bl. 90, it was ruled that a Devise to certain Officers of the College to maintain certain Students there, and for other charitable Purposes, was good, as relating to the Students of the College; but void so far as the College were appointed Trustees for other charitable Purposes. By Stat. 51 Geo. III. c. 105, Dispositions in Favour of the Royal Naval Assylum are excepted out of this Act. There is also an Exception by Stat. 12 Geo. II. c. 31. in Favour of Bath Hospital; and probably there may be other Instances of a similar Nature. In Middleton v. Cater, 4 Bro. Ch. 409, it seems to be taken for granted, that a Custom for the Freemen of London to devise in Mortmain would be good, notwithstanding the Statute; but it was decided that the Custom extends only to Land in London. (9) Ruled that a Devise of Land to University College to buy Livings was good, although they had already the limited Number, as the Devise might be performed by the Exchange of Advowsons. Attorney General v. Green, 2 Bro. Ch. 492. This Section is repealed by 45 Geo. III. c. 101. See the next Number. (10) Devise of Money to be laid out in Land in Scotland for charitable Purposes, good. Oliphant v. Hendrie, 1 Bro. Ch. 571. Mackintosh v. Townsend 16 Vesey, 330. No. 12. 43 George III. c. 107.-An Act for effectuating certain [Inserted ante Part I. Class II: No. 29.] No. 13. 45 George III. c. 101.-An Act to repeal so much of an [Inserted ante Part I. Class II. No. 33.] No. 14. 52 George III. c. 101.-An Act to provide a Summary W HEREAS it is expedient to provide a more summary Remedy 52 G. III. c. 101. in Cases of Breaches of Trust created for charitable Pur presented to Chan. poses, as well as for the just and upright Administration of the same; Be it therefore enacted by the King's most Excellent Majesty, In Cases of Breach by and with the Advice and Consent of the Lords Spiritual and Tem- of Trust, Petition poral, and Commons, in this present Parliament assembled, and by pello, &c. who the Authority of the same, That, from and after the passing of this shall hear the same Act, in every Case of a Breach of any Trust or supposed Breach of in a summary way, any Trust created for charitable Purposes, or whenever the Direction therein. and to make Order No. 14. or Order of a Court of Equity shall be deemed necessary for the 52 G. III. c. 101. Administration of any Trust for charitable Purposes, it shall be lawful for any Two or more Persons to present a Petition to the Lord Chancellor, Lord Keeper, or Lords Commissioners for the Custody of the Great Seal, or Master of the Rolls for the Time being, or to the Court of Exchequer, stating such Complaint, and praying such Relief as the Nature of the Case may require; and it shall be lawful for the Lord Chancellor, Lord Keeper and Commissioners for the Custody of the Great Seal, and for the Master of the Rolls, and the Court of Exchequer, and they are hereby required to hear such Petition in a summary Way, and upon Affidavits or such other Evidence as shall be produced upon such hearing, to determine the same, and to make such Order therein, and with Respect to the Costs of such Applications as to him or them shall seem just; and such Order shall be final and conclusive, unless the Party or Parties who shall think himAppeal to House self or themselves aggrieved thereby shall, within Two Years from the Time when such Order shall have been passed and entered by the proper Officer, have preferred an Appeal from such Decision to the House of Lords, to whom it is hereby enacted and declared, that an Appeal shall lie from such Order. (1) of Lords. Petitions signed and cest fied, ac Troceed nes not Tiable lu Du'y. II. Provided always, and be it further enacted, That every Petition so to be preferred as aforesaid shall be signed by the Persons preferring the same, in the Presence of and shall be attested by the Solicitor or Attorney concerned for such Petitioners, and every such Petition shall be submitted to and be allowed by his Majesty's Attorney or Solicitor-General, and such Allowance shall be certified by him before any such Petition shall be presented. III. And be it further enacted, That neither the Petitions, nor Stamp any Proceedings upon the same or relative thereto, nor the Copies of any such Petitions or Proceedings. shall be subject or liable to the Payment of any Stamp Duty whatever. (1) The Trustees of a Charity not appearing to the Petition, an Order was made that they should shew Cause why the Court should not make the Order prayed, or such other Order as to the Court should seem meet. Exparte Peagears, 1 V. and B. 496. No. 15. 59 G III. c. 102. 52 George III. c. 102.-An Act for the registering and securing Charitable Donations. [9th July, 1812.] WHER HEREAS charitable Donations have been given for the Benefit of poor and other Persons in England and Wales to a ' very considerable Amount, and many of the aforesaid Donations appear to have been lost, and others, from the Neglect of Payment and the Inattention of those Persons who ought to superintend them, are in Danger of being lost, or rendered very difficult to be preserved;' Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That a Memorial or Statement of Memorial of the Real and Personal Estate, and of the Gross Annual Income, Deeds, &c rc. specting Charita- Investment, and the general and particular Objects of all and every ble Donations al Charity and Charities, and charitable Donations, for the Benefit of any poor or other Persons in any Place in England and Wales, which shall have been founded, established, made, benefited, increased or ready founded registered. |