The Attorney-General v The Dean and Canons of Christ Church: CA 28 Mar 1822

Devise to the Dean and Canons of Christ Church in trust to constitute and support a grammar school at P, to appoint a master and usher, and pay them certain salaries; and the Dean and Canons to direct the management of the school.
Held: 1 That the school was to be a free grammar school for teaching the learning languages; 2 That the proper objects were the children of the resident inhabitants of P; 3 That they must be the children of Protestants, and they must be educated according to the principles of the Church of England. 4 The master might take borders and day scholars. 5 That the number of free scholars was to be limited, and in fixing the number the court was guided by the amount of salary originally provided. 6 That the free scholars were to be nominated by the trustees. 7 That the trustees could visit the school at their discretion, and be allowed their reasonable expenses. 8 An augmentation of the salaries of the master and usher made by the trustees, upon an increase of the income of the charity, not allowed to them, the school, through error, not having been devoted to the proper objects.
Sir Thomas Plumer MR held that he did not ‘know how any restriction on [the] power [of the Dean and Canons conferred by the testator to manage a school in Portsmouth and choose persons to be educated there] [could] be introduced’.
Sir Thomas Plumer MR
[1822] EngR 242, (1821-1822) Jac 474, (1822) 37 ER 929
England and Wales
Cited by:
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Lists of cited by and citing cases may be incomplete.
Updated: 25 August 2021; Ref: scu.329135