The Express.
London, England, 1860-04-24 00:00:00

Lab) intdligcnce.

EQUITY COURTB.—Ann. 23.
( &fort, Vico-Chancellor Sir B. T. Hindersley.)
HANSI:WI r. WATSON.

This cue, which was partially heard in December last,
and was then postponed to give an opportunity for a com-
promise which was proposed, came on again for hearing on
&tarslay and again to-thy. The bill was filed by the trus-
tees of certain charities which were founded nearly a
hundred years ago by the Rey. W. Hanbury, who was then
rector of Church Langton, in flomerietehire. That gentle-
man was a great botanist, and he planted • piece of land
with rare plants and shrubs. He conceived the idea of found-
ing magnificent charities out of the produce of his plantations,
sod with that view he executed 16 deeds, all of them dated
the 14th March, 1767 By one of these deeds be assigned
1001., which was to accumulate till the funds amounted Winch
a sum that the income from it amounted to 1,0001. a year,
which was to be applied to the foundation of schools in dif-
ferent parishes, by which, as the founder said, there would
be "schools for ever;" another deed directed the accumu-
lation up to 2,000/. a ear to establish and endow churches,
and thus as the founder said, there would be "churches for
ever ;" another deed directed a similar accumulation for the
maintenance of an organist in every parish, and other deeds
provided for endowments for a professor of botany, of ma-
thematics, of antiquity, and of poetry ; the special duty of
the professor of poetry being to write verses against those
who opposed the founder's schemes, which venue he directed
should lie sung at fairs. In every case the fund was to be
derived from accumulation, until from the original 1001,
1,0001., and in one or two canes 2,0001., • year was derived as
income; but this accumulation did not satisfy him, fur he
directed that the charities should not come iuto operation
until the whole of the various funds had ac-
cumulated to such • sum, and the interest amounted
to from 10,0001. to 12,000/. a year, and then
the church was to be built at Church Langton,
costing "at the least, with the greatest economy, 100,000!.
When this object had been accomplished the founder further
directed his trustees to build a temple of religion and
virtue," with lodgings for the professors, with a museum,
printing-office, picture room, rod library. The expense of
this establishment he calculated at 3,900/. a year, and the
remainder ho directed should be applied "to universal
charity." The trustees have from time to time applied the
funds of the charity in the purchase of land, the rents of
which now amount to about 800/. a year, and in 1844 they
filed a bill in order to take the direction of the court as to •
scheme for the charity. The matter was referred to the
master, and Ls now in the office of the chief clerk, who has
reported that the whole of the property is devoted to
charitable and scientific purposes. The heir at law, Mr.
Hanbury, and his next of kin, however, claimed the
property on the ground that the first deed, which was
the foundation of the others, was not enrolled, and that
the gift to the charities was void. The matter now came
on on an adjourned summons, the question being whether
the chief clerk's certiliode should be confirmed, or whether
the court would hold that the property was not properly
dedicated to charitable purposes.
Mr. Schomberg appeared for the trustees ; Mr. Glasse and
Mr. N. C. Ward for the heir-at-law ; Mr. Ware for the next
of kin ; Mr. Bally anal Mr. C. Hall for other parties inte-
rested ; and Mr. Wickens for the Attorney-General.
The Vice-Chancellor said the trustees hd from time to
time applied the fund as directed by the testator, and no
one could now recover it from them. The question was
not whether the lands were originally properly dedicated
to charity or not. He considered that they were so now,
and the decision of the chief clerk must consequently be
confirmed.