Distributive share a satisfaction of a tlement. administration, as if Abraham Goldsmid had died intestate, and that the widow, the defendant, was not entitled to the sum of portion under 3,000l. under the articles, as a debt out of the testator's personal marriage setestate, and also to a distributive share of his personal estate, in case it should amount to more than 3,000 Sir Thomas Plumer, M. R., decided, that the personal estate of Abraham Goldsmid should be distributed as if he had died intestate; and that the defendant admitting that her distributive share was larger than the sum of 3,000l. she should take her distributive share of the personal estate; but that the same was to be in satisfaction of the covenant in the marriage articles. Where real tion of a portion. But in Colleton v. Garth (d), Sir L. Shadwell, V. C., determined that a rent charge expressed to be for a jointure, and in lieu of dower and "thirds at common law," did not bar the jointress of her distributive share in her husband's undisposed of personal estate. The case is very shortly reported, and the clause in the settlement excluding dower is not fully reported; but his Honor is reported to have said that it was clear the rent charge was intended to be in lieu only of any claim which the wife might have upon her husband's "lands." If there were no other words excluding dower than those reported, they are certainly much less comprehensive than those in Davila v. Davila (e), where the provision in the marriage articles was to be in full of dower, thirds, custom of London, or otherwise out of his real or personal estate, and the Lord Chancellor held the wife excluded from any share by the Statute of Distributions; "dower and thirds at common law," cannot be construed to include a distributive share under that statute. We may here notice the case of Wilcocks v. Wilcocks (ƒ), which estate descend- is an instance of real estate descending from the parent to the ing, a satisfac child in satisfaction of a covenant to provide a portion. There the plaintiff's father, upon his marriage, covenanted to purchase lands of the annual value of 2007. and settle the same on himself for life, on his wife for her jointure, and on his first and other sons in tail male, remainder to daughters. The father, having in his lifetime purchased lands of the annual value of 2007 died intestate, without having made any settlement of the lands purchased, but permitted them to descend upon the plaintiff, his eldest son. Upon the bill by the son to have real estates of the annual value of 2007. purchased out of the personal estate of his (d) 6 Sim. 19. (e) Ubi supra. (f) 2 Vern. 558. father, and settled according to the articles, Lord Keeper Cowper Distributive decreed the lands descended to be a satisfaction (ƒ). share a satisfaction of a In addition to the preceding cases, the reader is referred to provision under the cases of Jesson v. Jesson (g), and Thomas v. Kemeys (h), marriage set. which are not within the scope of the present Treatise, but nearly connected with the subject of the present chapter, and are instances of the satisfaction of portions, secured by settlement, by subsequent provisions by deed in the parent's lifetime. CHAPTER XIX. Of Testamentary Dispositions to charitable and superstitious Uses. SECT. I. What are charitable uses. SECT. II. Of superstitious uses. 1.-What are such; and how bequests to superstitious 2.-How applicable, when not within that statute. SECT. III. Of the restrictions imposed upon charitable 1.-Bequests of money charged on real estate. 2. estate. of money produced by sale of real 3.- The vendor's lien for his purchase money. 5.- Of money due on mortgage, and estates in mort- 10.-Judgment debts. 11.-Profits of mooring chains in the river Thames. 1.-Where the particular and general dispo SECT. IV. Of testamentary Dispositions not within the Statute of 9 Geo. 2, c. 36. 1.-Where the direction to invest the fund in real estate is not imperative upon the trustees, but only discretionary. 2.-Devise of real estate or of money to be laid out in real estate for Queen Anne's bounty. 3.-Devises and bequests for promoting the building of churches, &c. 4.-Devises by freemen according to the custom of London. 5. 6. 7. 8. 9. 681 10. ·for the benefit of the two Universities, &c. of real and personal estate in Scotland. of real estate in Ireland. of real estate in the West Indies. of money to be applied in melioration of lands in mortmain, and herein of instances not considered cases of melioration. Produce of real estate to be laid out in erecting a monument. SECT. V. Construction of charitable bequest, and administration of the fund. 1.-Where bequest is to charity generally, and there are neither trustees, nor objects named, nor a power of selection; gift is supported, and nomination devolves upon the King. Semble, when charity named is void, ritable uses. 2.-Where trustees or objects are named; or a power What are cha- 1.- Where no trustees nor objects named; but 2.-No trustee named: a descript class of 3.—Trustees named originally, but fail by 4.-Trustees named; no objects specified; but 5.-Trustees named, and fund distributable 6.-Where the particular charity named, 8. Where charity not within the jurisdiction SECT. VI. Of Bequests to charity void for uncertainty. 1.-In regard to the amount intended to be given. SECT. I. Of Testamentary Dispositions to charitable and superstitious Uses. WE proceed in the present section to inquire, what the law of England considers charitable uses; and we find that the preamble of the statute 43 Elizabeth, c. 4, expressly recognises (a) the following; namely, relief of aged, impotent and poor people, maintenance of sick and maimed soldiers and mariners, schools (a) See Sir Edward Sugden's observations on this statute in the Incorporated Society v. Richards, 1 ritable uses. What are cha of learning, free schools and scholars in universities; repair of bridges, ports, havens, causeways, churches, seabanks and highways; education and preferment of orphans; the relief, stock, or maintenance for houses of correction; marriages of poor maids; supportation, aid, and help of young tradesmen, handicraftsmen and persons decayed; relief or redemption of prisoners or captives; aid or ease of any poor inhabitants concerning payments of taxes. Besides the above, purposes of a similar nature have been determined to be charitable uses. Thus, gifts for the diffusing the protestant tenets of the Christian religion, and promoting public worship according to those tenets, and for providing for its ministers for instance, bequests for the advancement of the Christian religion among infidels (b); for the augmentation of poor vicarages (c); for the building of a church (d); for the paying off of an incumbrance on a licensed meeting-house (e); the repairing parsonage houses (ƒ); the support of a preacher of a certain chapel (g); or of dissenting ministers in England (h); or for the vicar or curate of a certain place for preaching an annual sermon on a certain day (i); or to the singers sitting in the gallery of a certain church, to be paid on a certain day (j); to build an organ gallery in a church (4); to the clerk of a parish to keep the chimes of a church in good repair to play certain psalms (); for the support of a burial ground (m). So also, gifts for the promoting public works for the convenience or benefit of the public, or of the inhabitants of a particular place, are considered as charitable uses. Thus, for instance, a gift for the improvement of the city of Bath (n); a sum of money to be applied in forming works for supplying the inhabitants of Chepstow with spring water from St. Arvan's, or see also Att. Gen. v. Pearson, 3 Mer. 353, 409. (h) Waller v. Childs, Amb. 524. (i) Soresby v. Hollins, Highmore, 174; Turner v. Ogden, 1 Cox, 316. (j) Ib. (k) Adnam v. Cole, 6 Beav. 353. (1) Ib. (m) Doe v. Pitcher, 6 Taunt. 363. (n) Howse v. Chapman, 4 Ves. 542; see also Att. Gen. v. Heelis, 2 Sim. & Stu. 67; Mitford v. Reynolds, 1 Phil. 185. |