The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1874-02-28 00:00:00

A YOUNG LADY'S GIFT to a CONVENT
DISPUTED.

The canoe of " 0310 log o Fairland '' has been heard before
the Master of the 11,11 a, cud wet a bill filed by one of three
truates• to question the validity of C gift by a young lady of
her entire fortune to the convent of whica she had become a
member.

The convent in question is St. Minty'. Dominican
Convent at Belfast, It is described as being a society
of religious persons, associated for the histruction of
young women, the relief of the poor, and other
charitable purposes. At the time of her enteting the
convent, in November, 1872, Miss 'abland was
between 24 and 25 years of ag-, and was eutitled for
her life to the dividends on a few hundred poundn'
worth of Indian railway and for-ign stocks, with power
to appoint the same after her death to any person or
persons. On the 14th of November, 1872, she executed
a deed, by whib, after reciting an agreement for re'
ceiviug her as a nun or member of the society, and
providing for her eupp trt as such member during her
life, she made over to the convent trustee, all her
Interest in the dividends during her life, and irrevocably
appointed to them the corpus after her decease, with a
proviso that the power of appointing new trsetoes
should reside in the Roman Catholic Bishop of Down
and Connor and his successors. The plaintiff declined
to concur in a transfer of the stocks to the convent
trustees or to pay over to them the dividend, aid
filed the present bill, making the Attorney-General a
party.
Mr. Roxburgh, Q C., and Mr. Romer, for the plain-
tiff, referred to Cocks r. Monsters," before Vice-
Chancellor Wickens, in July, 1871, where that lamented
Judge cotaddered the natureof nuollar institutions from
a legal point of view, and conten led that enough doubt
existed as to the validity of the objects of the convent
to justify the snit.
Mr. Hemming, for the Attorney• General, having
offered some observations on the question whether a
scheme ought to be directed,
The Mester of the Role, without calling on Mr.
Southgate, Q C., and Mr. Buchanan, for the defence,
said Mies reirlend was in effect absolute mistress of
the property, and might have bad it traneferred to
herself or to any other person. She chose to execute
a deed authorizing the plaintiff to transfer the property
to the convent trfisteee, and why the plaintiff did not
do so his Honour was at a loss to understand. Having
a right to de anything with it that she pleased, she
gave it to the, convent, and the validity or invalidity of
the object for whieh the convent woe founded was
utterly immaterial as far as the plaintiff was concerned,
Moreover, he had filed his bill without making his cu.
trust era parties' alleging that he did not know where
they were to he found ; yet it app.ared that one nf
them was living at Chelsea, and the other was with his
regiment at Lucknow, so that both might have been
found with no great difficulty. He wee of opinion
that the trustees were bound to transfer the property,
and that the suit ought not to have been inetitated,
and, being of that opinion, he ehould dismies the bill
with costs.