The Express.
London, England, 1852-09-01 00:00:00

SPIRITUAL WILLS."

The report of the Salect Committee on the Law of
Normans has bet n published. The following is an extract
from the document
"The general opinion of every witness of importance,
with the reception of Dr. Wiseman, who di dined to ex-
press soy opinion on the subject, is that the greatest pub-
licity should be given to all deeds or instruments settling
prop% fly for charitably purposes, and to the mode by which
tb, trusts de:turd by such deeds or instruments are tarried
into exeratton. In this opinion your committee fully eon.
cur ; and they would suggest that it should be incumbent
urea all persons to whom real or personal property is giver.
or bequeathed upon any permanent charitable or religious
eh), et, to make a return, either to eomminioners or to some
public board, of the nature of the gift, and the particular
purpo.es to which it is to be applied.
Yuur committee have had evidence given to deem con-
cerning the mordent, of what are called spiritual wills or
sem* trusts ; that is to say, gifts sad devises of property
which appear to b.. ahsolate and free trees any treat what-
ever, but which are neverthetess aeoNspanied by some de-
claration of the intention of the donor or testator in such •
form as to be binding upon the conscience of the person to
whom the property is given, and to constitute him in con-
Ideate, if not in low, a trustee for particular specified ob-
jects. In sorb roses the declarations of trust are not sub-
mitted to the clout of probate, or in any other way die-
clewed, either wilt n the gilt takes effect, or subsequedly in
the course of the adminitur dims of the property. In some
instauces these instructions concerning the trust appear to
be communicatt d v. ebony, or if espreseed in writing, are
est.:holly from ilsa as not to constitute a trust within the
rules of a court of equity.
"This state of things;seems to be the obvious and inevita-
ble result of that code and that policy by which a certain
application of Itotuan catholic property, instead of being
per Iby law i. prohibited by law. An alteration of
the law in this rt.-peat would probably diminish the fre-
quency of each dispositions by Roman eathulics. But the
obligations arising from the wishes of a testator arc not
within the province of inonicioa, I law, for no law ran pre-
vent a legatee or an heir from holding himself bound in con-
science to elecute those wishes, to which, indeed, the opi-
nion of mankind attaches a peculiar sacredness.
"Some of the Irani sacs t aimined before your committee
express a confident opine's' that practices of this kind pre-
vail to • very considerable extent. If this opinion be cor-
rect, your committee thiuka that it is a subject of deep re.
gret, and that overy effort should be made to put the law on
such a foundation as to off ird no occasion fur such conduct,
and to prevent the possibility of its *crummy hereafter.
"four committee have come to this eonclusltn for the
following • ..... ngst other tiallOW., !Vella,' they think that
in all eases where prinerrty is permanently devoted to any
charitable ur raligious use, the heirs or neat of kin, or
other persons who in the absence of such a gift would be
entitled to the property, ought to bane the means of dis-
covering the nature of the gift, and the purposes to
which it is to he applied, in order that they miy aster-
tun whether the property has been legally dispoted of,
and whether it has been bestowed without undue in-
fluence having been exercised on the giver. Your
committee oho think that the public in general and
the governmer.t ought to have the means of knowing the
purposes to which property is devoted ; and they also are of
opinion, that for the purpose of ensuring fidelity and
honeety on the part of those to whom property for the put.
poses of charity is entrusted, every facility should be
afforded for inquiry concerning the subiect.matter of every
such gift, the torpoeys to which it ought to be applied, and
the manner in which, in each case, the trusts have been
carried into execution.

" Your committee arc well aware of the:difficulty,and per.
haps the impoesibility, of absolutely preventing secret trusts,
and compelling the pee on* to whom trust property is gieen
to make the returns Ecreinbeforr recommended ; but they
would suggest that some provision to the following elect
should be made, namely, that whensoever property is given
for any charitable or religious purpose, in such form as
that, if the Lets w ere disclosed, it would be deemed a trust
by a court of egiiity, and the person to whom it is so given
shall wilfully conceal the facts and neglect to give the
proper return, he shall be liable, at the suit of those who
would be entitled io the absence of the trusts, or in their
default at the suit of the crown, personally to refund what-
ever he shall have received from the property.
" It will be found in the evidence of l'r. N iseman,thst he
assigns two reasons why Roman catholic charities should
not be made subject to publicity, which reason. he states do
not apply to the charities of other religious communities.
The first is, that for a avast many years Roman catholic
property, instead of being protected by law, was always
attacked by law, and Dr. Wiseman, without asserting that
the fact is so, think. it possible that Romas catholic'' would
find difficulty in bringing these trusts before the public
without knowing, first of all, that they would be secured
against what had been, in their opinion, the unjust opera-
lion of the law in respect of them for several centuries.'
Dv. Wiseman suggests, 'that something should be done
similar to what has been done for properties of other reli-
gious bodies, such ass good title should be given upon proof
of application for • certain number of years; upon usage
shown, they should be confirmed, and • title given.'
" Your committee see no objection to this proposal, but
they prefer expressing their opinion in the more general
farm, to the effect. that if there be any defects in the title to
property devoted to Roman catholic charities arising from
practices adopted in former times to evade laws that are
now repealed, provisions should be made to remedy such
defects. The other reason alleged by Dr. Wiseman why
the Roman catholic charities should not be made public is
the law concerning superstitious uses. This branch of the
subject is treated of in a subsequent pert of ttie report, but
your committee must here state that, whether any altera-
tion be or be not made in the law en this head, they can-
not concur in the opinion that it constitutes a sufficient
reason against the publicity of Roman catholic charities in
poem."
THE WESTMINSTER FREEHOLD LAND

SOCIETY.

The third annual meeting of this society took
place yesterday evening, at St. Martin's Hall ; Mr. F. E.
B that.. in the chair.

The Bin ntee of the last meeting having beta confirmed,
the committee were elected foe the ensuing par. 'Thirteen
fames having been proposed. mad twelve being the number,
one gentleman had resigned, widths remaining names were
adopted without opposition.
Mr. H CGOETT, the seeretuy, read • letter front Mr.
Charles Lushinetou. redoing the office of pendent. on
anomie of his having named he represent Westminster.
The secretary added, that • deputation had waited is Mr
John Shelley, the new member, ~questing hint to moment
to fill the vseasey. The wigs:anon was auccessful. sad
Sir John stated on the occasion that he waa deeirOus of
puttiog bison( under • course of tuition, in order that he li
might be able to cony out the principle of the society in
two nineties with which he was closely sassed.
(Cheep.)
On the swiss of Mr. CoiwiLL, easels' by Mr. Cox,
Sir J. Shelley ens measimenely eleined
Oa the sales of Mr. Cs, sessided rlirionwsow,
Mr. Bidgood, of Vbsstres was dims MI the seas of
arbitrator, yarn by tb• the preview 1
arbitrator, Mr. Lakes Sm. the Wee of shuns.
The office of the witaiiees was Bawl die re-Swim
of Mr. Tapp. and sisedse Kr. is Us of Mr.
Mary who had reiireed athe Email of removal from
the totality.
Scrutineers of the ballot see this Sawa. -

The mewl repeat of the ameitheoe seed by the Secre-
tary, staled
The lapes of another twelvemonth SIM the Let metal
media' of tbe moiety, imposes upon yew emsalttee the
duty of se the niesalses the third yearly report
epos the affairs the weiety. The isesebers will W grati-
fied to know that the .marl,alliiisEr: &dew-
laps of the society Imes bosh acedlMO MaMI ng reer
hied, to an .:teat he biped the nuneapoew
tines of its urifiull primillheea. The sl laneweet for
the multiplication of freelmilduss has hen the boo/bl-
ame until now, Naively poiseumme rat Mommitte•
have the gratdestiem Wig ODOM MIIIOOIII. that UM
Westminster Society eindswe he MU a heasehe yeeitio•
moor the numerous sissemindoom sneer is difs MOM.
The history of the society 6014 rig year le
wet eatmactoty, or is selling's' the tact of then
being 1,111 shares now in edNemset _sodoelve el thus
tiki a up tin the Kent Tows &tete. Malay, the Rolm.
dale Estate, litigate an the Dittos LW& The
imembers will also Mid another eat rest of the
tastiest,' popularity sad eStiest west* of the meaty,
in the large sum subscribed, the ritewieS fed tailaraU...oB/
amounting to 6.1A11. 13e. 3d., inaktar the t
iron the stabliMment of the society 15,61 W. da.

estates which have sew bum etigednid liasagis es the
Moore,
Erie Moo, and Idgese piersgeles C 'spieled)
are purchases at Lase Mae; Lillian, loading.
Ihe Reigate and LOW( Direr estates have been allotted
once the earrittee's Iry With regard to the Kil-
burn Park sae id the nest deekehle
building si:ol=v4imity 1111.6.11.11:04
to state that vilewhat4ell SWIM boo bum
into, and they are DOW ia 'NMI I.lllll.lftlithey ipri Os
clrepieico of which the roads will beisismibbispessphd
#.l IMOIOn wad. The allotting of thie teatime lobe ns taw
contract for the roads has boss The sersage-
In. ate for the distribution side pirebere II• al.o
1, mg proceeded with, and will be sem ted neat Sass the
allotment of the Kilburn Park property. The gommittte
were influenced in the Reading peeehass by their desire to
consult the wishes and intend, a dm proctorial members;
and the ready attention whisk yew esenatittee have always
felt it to be their duty to pay to the ressonable suggestions
of the distant subscribers, as well as of those residing in the
metropolis, has been, they are glad to as one of the causes
of the society's present popularity. With the view of en-
suring a permanent value to the allotments, the committee
have Always adhered strictly to the principle of secur-
ing to the members land suited to building purposes • sad
have the satisfaction to know that every one of the reveling.,
Qs, ing eligible building sites) are daily increasing in value.
our committee desire to esprem their continued confidence ,
in the systi.m of rotation and nonpayment of interest, as '
adopted by this society, and have much gratification in
referring the members, as the result of thee system, to the
following rates of premium obtained on shares standing i
neat in order of allotment, showing an average profit of
nearly 100 per cent. on the capital invested, viz.:
.. .

kremiame peoviime se eielmiat.
Kent Town Estate hem /3 to L 5
I klin.dele E.tate from £3 to 17
Long Hatton Estate team E 3 to £5
K.lhurn E.tate from /7 to £l2 10s.
" The plots theramlice, after allotment, hare obtained tLe
following premium.
Kt tit T .ven Estate from Li to f2l premium.
11 Instable Estate
Long Winn /Mate from £3l to £6l do.