The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1873-12-20 00:00:00

CHARITABLE GIFTS
The cams/tot " Ati.erton v. SI ersimm," has been before Mr
George Jesse', Master f th• Rolls, Slid was an administra-
tion mit .

,
The testator, who realdad at Sandown, in the
dile of Wight, died possessed of some £20,000
personal estate and a small amount of leasehold
property, the life interest in whicl/4 he bequeathed
to a relative, upon whose death the trustees were
to tell the household prendeas, the purchase
motley to sink into and form part of ME residuary
Personal estate, "and be applicable in the purchase of
Rood church belle, the eurplos, if any, to be
applied in or towards the building of a belfry or
tower to a new church to be thereafter erectedii ,
.Sandown, and if any surplus should then re- '
maul, the same should be paid, as a contribution to-
wards the building of such new church, ii an mount
not exceeding C 2,00." Noesrithetauiing this devise,
the testator Pro -cid to bequeath the residue of his
satata toalnie truet ea upon certain trusts; and by a
Memorandum dicta. e I by him ehortly before his death,
at this advanced age of ninety years, be stated his
Intention by tide gilt to have been to ProYido a co°l'

hatable home for the widows and families of mili-
tary and naval officers; if the means a linitted, to
supp:y the town with a tire engine and shed • and,
to the extent of £4OO, if KO lunch surplus should
remain, to furnish a lifeboat for the plaoe. The
bill was filed by the Martina for the admirietretiou of
the estate by the Court, mud the next of kin, who ap-
peareti as defen tants. contended that ths charitable
gifts were void for uncertainty, and alel c,.ahiug within
the operation of the otatute of mortmaiu. The
Attorney Gonerxi WAS also repreih•uted, and it war
contended on ha behalf that the charitable gift was
a perfictly good one, ar it was quite possible for the
trustees to carry out he trust without infrin.ting the
statute by puriliasing land or erecting a building for
the officers widows and families. There was a
further rotation with regard to the denomination of
the church "to br benefited.

Sir It liaggallay. Q. 0., and Mr. Bedwell appeared
for the ti nate. ; Nit. Southgate, Q.C., Mr. Speed, and
Mr. Wilmington for the different next of kin ; and
Mr. Hemming for the Attorney General.
His Honour said he could rot upon the authmities
huld that the memorandum constituted a valid trust
in favour of charities, as it clearly involved the acquisi-
tion of land which was prohibited by the statute of wort--
malt Consequattly, the next of kin must take the
residue. With reference to the bequest in favour of
a church at Sandown, it had been decided that a
sith of leaseholds, or the proceeds of lease-
holds, net exceeding 4;500 for the purpsie of a
church of England edifice for religious worship
was valid under the statute, and not the less valid
because it was for the erection of a future church.
With regard, therefore, to the testator's intention,!lt
must be considere i, when a toan gives so much for •
church, and he is at the same Ulla a member of the
Church of England, he does import a church of that
denomination; and, consequently, the description was
sufficient As there was, however, no immediate
prospssct of • church being built at S .nilown, the £5OO
b-queathed for that purpose would be carried to a
separate account, or as might be determined by the
Attorney-General, with liberty to apply.