The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1873-07-19 00:00:00

BUDGETT v. HALFORD.

The above camel as been heard bqore Vice-Chancellor Sir
J. Wickens, and was a suit Institut. d In lel2, to de•ermlue
the rights of the parties now calming toe Interested id a
sum of £1,731 es. 24 Convis, the trusts of which were created
by a will made so long ago as 1799

Richard Edwards, who was a member of the Wes-
leyan Methodists, died in December, 1799, haviug
made the will in question (which was • very ingulsr
one), and sic memoranda, or codicils. The will began
as follows :

"In the name of God , Amen. I Richard Edwards, of
Grlftometreet, Soho, do make and declare this my last rill
and testament, In manner and form following: and first. I
commit my soul to the blessed Jesus, my Ssriour, who 1:0111
redeemed It, and my body to the cul s decent man,er at
the discretion of my executors" (abom he then named)

The testator then gave a pecuniary and come epecific
legacies to his sun.in-law, William Day, and pro:eeded
thus :

•• I leave to my trandalaughter, Mary Day, Infant, the sum
of £4OO to be held In trust for her by my executois, desiring
them, in whom I place crest confidence, to take care that
the Interest may be appiled In inch a manner as they, my
executory, judge ascot likely to make her • useful woman.
If she lives to the age of 21 years she may make • will to
allspoae of It, to be paid at the age of 24 years, or aoontr, if
my executors judge it will be more useful."

The testator then disposed of the £4OO in the event
(which did not happen) of Mary Day dying under 21
years of age, and bequeathed, among others, "• legacy
of £2O to the Rev. Dr. Coke for the Miseionaries ; to
Mr. Alexander Mather, for the Preachers' Fund, £10;
for Kingswcod School, £10; to the Schools at Queen-
street Chapel, £10; to the Benevolent Sicivty, £10; to
the poor at ditto, £2O, to be diatio-ed of at the discre-
tion of my executors ;and to Mr. Dobson, for the Bible
Society, £10." He then gave some pecuniary legacies
to individual legatees, and beineathed the residue of
lii s property laS follows ;
" All the residue of my property of whatever kind, and in
case of the child's death the remainder of that E4OO to he
disposed of by my executors, If not altered before my death,
in the manner they lodge most effectual to vomote true
religion in the world in general, and the comfort of the ser-
vants of God In p.rt,cular, something after the manner I
have made use in this will."

By the first memorandum, or codicil, the testator
desired his executers, in case his granddaughter, Diary
Day, died under 21 tears of age, to give to his eon-in law,
William Day, £l6O, 'the residue to be dieposed of by
my executors after the manner mentioned in my will
for the most useful purposes, wherein, if they are
not agreed, I desire Mr. Dobson may be consulted,
if living." By the fourth, he bequeathed to the Sunday
schools of the Methodist connexion in London £lO, or
£2O, as should be found convenient. By the fifth, to
the New Society, or Sick Man's Friend, £lO, if judged
proper, not else. By the Stli he recited (inter alto) as
follows :
Property on a mortgage, £l,OOO. The securities are In
Mr. Clulow's hands. 111. acknowledemeut thereof If In
mine at present. Six nouthe notice Is to be given On either
side. In the hands of Mr. Turner, of St. Martin's lane, at
Prom*, Mal', In% £BO at simple interest ; the note. are in
my hands at present. I think One of our preacher. In the
Shrewsbury Circuit may easily call at Red l#ke, and be well
Informed what children Blaney (the husband of a legat.
named In his will) bath living by my niece; she is dead some
year,: her maiden name I. Smith; I have heard shico tilt re
Is ur children."
Mary Day, who was the testator's only next-of-kin,
at his death, never married, and died in November,
1870, having bt.queath.d all her proporty to the de-
fendant, Mrs. Jeminaa Hulford, who duly proved her
wilL It was not now known of what the testator's
estate consisted at his death, but it bad been certified in
the Mlles that in 1871, it waa represented by the sum of
£1,731 3s. 2d. Consols, which the plaintiff (the trustee
of tie will) paid into court. The cause now came on
upon further comideration ; and the question was,
who was entitled to that sum, under the residuary be-
que..t contained in the wiU?

.
Mr. M. Ingle Joyce appeared for the plaintiff in the
snit.

--Mr. Charles Hall and Mr. Bunting were for Mm.
Milford, and the parties interested, other than the
Attorney-GeneraL

Mr. G. W. Hemming, for the Attorney-General,
contended that, assurnin; the reehlue to be all pure
personalty. it was well given to charitable purport s.
It was by the first branch of the clause to be dis-
posed of by the executors, in the manner they
judged most effectual, for the promotion of true
religion in the world in general. That was a perfectly
valid direction to thorn, and one which the law would
nphoirt se a charitable bequest. The particular mode in
which they were to work out that object wars defined by
the testator to be by promoting the comfort of the ser-
vants of God, to which he bad added, "something
aftrr the manner he bad made use in his will;" 'Mow-
ing how he specially wiebed hie charitable views to be
aci inniAiribrol. In other words, the promotion of true
religion was the testaror'e dominant ptirpoee ; the nom.
fort of the servants of God the mode by which (having
regard to the testator's will) that parpoee was to be
eiteottusimd.

The Vice-Chancellor said that taking the will and
codiciLi together, and interpreting the will by the
codici3e, some of the persons whom the testator meant
to benefit did not appear to be servants of God who he
could be sad to have known were then actively en-
gaged in snch service. Indeed, some of them he did
not know. it came, then, to this—that the gift of the
residue was one which, If the first clause of it bad
stood alone, might have been valid as a charitable be-
quest, but which, when coupled with the other part of
the clause, could not be supported. It was a gift partly
to charitable purposes, partly to those of mere bene-
volence, the objects of which were uncertain. Upon
the whole case he must hold that the gift of the resi-
due for charitable purposes failed. 'the declaration
would, therefore, be that the bequest of the residue
was void; that the costs -if the plaintiff (including all
costs, charge*, and expenses properly incurred) must
be taxed and paid aa between solicitor and client; that
the Attorney-General must have his coats in the
usual way; and that the residue of the fund in fines-
lion must be paid or transferred to the defendant,
Mrs. Mulford.

Attention is drawn by the Registrar-General to the
fact that last week six persona died to London from ample
cholera. Three of these were Infants under One year.

After a trial which occupied the whole of two days
es the Durham assizes, Jos. ph Turntnill. aged 'PIPPO-Otte, a
pitman, was late on Saturday night found guilty of the
mord, of Merlin Hagan, an Iri.htnan, and sentenced to
d'itittE The 'dry, however, recommended him to mercy. oil
account ol his south. The murder was cuturnated at Wei-
. Durham, on the 2111 of April, the day of Wel-
PngUm rar,ot The prisoner war heard to threaten the frbh
patty on the racecourse, and at eleven o'clock et night ea
Hagsn sod two men were going to his house, the
NM tout_ 1 ether men attacked them. One nma MlX:dr
down =Pk Ma She wham jumped on him MU he died.