Bequest of residue to a company, to apply the interest of a moiety ‘unto the redemption of British slaves in Turkey or Barbary,’ one-fourth to charity schools in London and its suburbs; and in consideration of the care and pains of the company, the remaining one-fourth towards necessitated decayed freemen of the company. There were no such British slaves to redeem, and a reference was made to the Master to approve of a scheme for the application of the fund thus unapplied, having regard to all the charitable bequests in the will. Held, that the application of the fund to the education of the British emancipated apprenticed negroes was iiot a cy-pres application ; secondly, that the gift to the freemen of the company was a charitable bequest ; and, thirdly, there being no direct objects to which the income could be applied, regard being had to the bequest touching British captives, that the application of the fund to the second and third purposes was as near as could be to the intention of the testator, having regard to all the charitable bequests in the will.
Lord Langdale MR said that: ‘ He did not recognise the relator as distinct from the Attorney-General. That the suit was the suit of the Attorney-General, though at the relation of another person upon whom he relied and who was answerable for costs; and that he could only recognise the counsel for the relator as the counsel for the Attorney-General, and could hear them only by his permission ; that the suit was so entirely under the control of the Attorney-General that he might desire the Court to
‘ dismiss the information, and that if he stated that he did not sanction any proceeding, it would be instantly stopped ‘.
Judges:
Lord Langdale MR
Citations:
[1840] EngR 425, (1840) 2 Beav 313, (1840) 48 ER 1201
Links:
Jurisdiction:
England and Wales
Citing:
See Also – Attorney-General v The Ironmongers’ Company 18-Nov-1834
A testator gave the residue of his estate to trustees, positively forbidding them to diminish the capital thereof, or that the interest and profit arising be applied to any other use or uses than thereinafter directed ; and he proceeded to direct . .
See Also – Attorney-General v Ironmongers’ Company 3-Jun-1837
Scheme for application of a charity fund left for loans to young freemen of a company and of the interest. . .
Cited by:
See Also – The Attorney-General v The Ironmongers’ Company 23-Jan-1841
Under a, reference to approve a scheme for the application of charity funds, the Master has no authority to allow, still less to invite, any person to intervene in the inquiry, who is not a party to the cause. If any such person is desirous of . .
Cited – Gouriet v Union of Post Office Workers HL 26-Jul-1977
The claimant sought an injunction to prevent the respondent Trades Union calling on its members to boycott mail to South Africa. The respondents challenged the ability of the court to make such an order.
Held: The wide wording of the statute . .
Cited – Gouriet v Union of Post Office Workers HL 26-Jul-1977
The claimant sought an injunction to prevent the respondent Trades Union calling on its members to boycott mail to South Africa. The respondents challenged the ability of the court to make such an order.
Held: The wide wording of the statute . .
Lists of cited by and citing cases may be incomplete.
Charity, Constitutional
Updated: 02 May 2022; Ref: scu.309851
