The Express.
London, England, 1859-12-20 00:00:00

LAW INTELLIGENCE.

(THIS DAY.)

EQUITY COURT.
(Before Vioe-Chonoollor Wood.)
T OMPBON V. In ZSPIAL-811•ISP Ertel EATS-

PLACL

This snit was instituted for the purpose of obtaining the
opinion of the court with reference to the payment of • sum
of 2,5001. and a rent charge of 301. • year, which wee given
by the late John Shakespear, of Langley Priory, to the
committee fOr the preservation and restoration of the poet
Shak,peres birthplace at Stratford-on-Avon. It appeared
that in the year 1856 Mr. Shakespear communicated to the
birthplace committee his willingness to assist he the
national object which they had in view. In consequence
of this communication ethos correspondence took
place which ended in the execution of a deed II
Mr. Shakespear, whereby, after reciting that he had
that day paid Into the Stourbridge and Kidderminster Bank
the sum of 2,5001., it wee declared that the committee should
apply that sum, or se much thereof es might be neoemary,
towards the purchasing and the payment of the expenses in-
cddentel to the purchasing en any reasonable terms and of
the obtaining the conveyance of the next adjoining heredite-
menta on the east and north-went aides of the poet's
birthplace, to the and that the same premises
might for ever go along and be enjoyed with
and as appurtenant to Shakepere's birthplace; and, after
the payment of the purchase money and expenses, and the
coat and expense of pulling down the same premises, to be
purchased, and enclosing the ground round the birthplace,
and of restoring the said birthplace to its original elate, the
committee were I. stand pomeeeed of the residue of the
2,6001., "upon such trusts, and to and for such purposes as
the said John Shake/pear should, by a deed intended to be
prepared and executed by him and the said parties thereto of
the second part, declare and provide concerning the same."
The deed further provided that in ease default should be
made by Mr. a. Shakeepear in executing the deed, or de-
claring the trusts of the residue of the said sum of 2,6001.
within six calendar months from the date thereof,that then the
committee should appropriate and apply " the residue of the
said sum in or towel& the restoration and preservation of
the said birthplace as they in their discretion and judgment
should think necesaary and proper." No deed wee ever
executed for declaring She trusts of the residue of the 2,6001.;
but works were carried on from time to time in eccorclancewith
the objects of the committee and Mr. Shakeapear was from
time to time made acquainted with end approved of what wee
going on, and the residue of the 2,6001. was thus expended.
On the 9th of June last Mr. Shakeepear died, having first
made his will, which contained the following bequest, "I
give to my said trustees and executors out of my personal
estate, and before say other legacies, the sum of 2,5001., to
be laid out by them as they shall think tit with the concur-
rence of the trustees of Shakaperes house already sanctioced
by me in forming a museum at Shakopere's house in Strat-
ford, and far such other purpose u my said trustees in their
discretion shall think at and desirable fur the purpose of
giving effect to my wishes. I direct moreover that out of
the rents of the Langley Priory estate the sumer thirty pounds
half-yearly be applied to the wages of a keeper or guardian,
whose duty it shall be to reside at Stratford-on-Avon, near
Shekspere's reputed birthplace, attend the visitants, and
offer them a bound-up volume, with pen and ink, to inscribe,
on certain conditions, such liar be verse or prose as the
fenny of each visitant may induce to write, and I will that
this half yearly payment be a rent charge for ever upon the
Langley Priory domain, consisting of the mansion house
and 558 acre., or thereabouts, of land adjoining." It was
this legacy of 2,6001. and rent charge of 301., of which the
present snit melted payment. The trustees of Mr. 81taltss•
pasta will objected to acting upon the terms of the bequest,
coweiving that it wee void, both under the statue of =re-
main, and as tending to create a perpetuity. The case was
heard sometime since, when his honour mewled his
judFmrot.

Mr. Danville end Mr. Itsetindele were for the plaintiffs,
the committee; Mr. Rolt, Sir 11. Cairns, and Mr. H. P.
Roche were on the other aide.
The Vice-Chancellor now delivered judgment. He end
he would first consider the case as regarded the bequest of
2,5001. He could quite understand the ditßculty which the
counsel for the plaintiff had found In deciding how this
bequest was to to looked at. It bad been put mainly upon
the ground that it was a gift for a charity, and it was upon
this ground alma, if at all, that it could stand.
Now, no doubt the courts had gone very far in declaring
gifts to be charitable, but the farthest cue was not carried to
an extent watch would include the present one. The ore
which had gone to the greatest length waeacsaeof Thompson
v. Therefore), I Coll., 395, which was a gift to what tle
testator caged the " literary annuitant." It was a gift of
an annuity to a Fenton to be selected by the trustees of the
will, hie qualifications being thus described . "He should
preferably be at leer* forty yearn of age, but ke must be a
believer in Cbriatianity. This is an indispensable qualifies-
Wm. As to the sect to which he may belong that is a matter
of inferior consideration, butit will be better in every point of
view that he &add be a protestant, and let him be so. Perhaps
it may be more desirable that he should be at least nominally
a member of either of our two establiahed churches; be should
be moderate and not a bighfiyer. The trances are perfectly
capable of making a due selection, and I ray nothing further
as to qualification. My object is to give aemetanoe to •
worthy literary man who bath not been successful in hie
earns, and se far as posaible to enable him to emit* in ex-
tending the knowledge of those doctrines in the various
branches of literature to which I have given my attention
sod pen in order to ascertain what appeared to
he truth, and to teach it to these who would listen."
The Via-Chancellor Knight Bruce in that owe, considering
that the testator intended • ditsetuination of the truths of re-
ligion in such • manner that they might be beneficial to all,
construed that to be • charitable gift. But here there was no
direction in the will as to the trusts upon which the money
directed to be laid out should be held. There was no condi-
tion that the museum or •her object. referred to in the
testator's will should be held for the public
benefit. No doubt in this case the object which
was in the testator's view was a meet worthy and a national
one ; it was • desire to honour the memory of one who wee
endeared to us by every feeltng which could operate in the
breasts of civilised men ; one of whom, not only as a poet,
but as • muralist' and phil•optrer, we had more reason to he
proud than of say other man who had ever existed in our
COO3lllOll country. But the testator had nowhere declared
that his intention was that the money he gave should be for
the benefit i.f the country at large ; he had tailed in doing
that which would enable the court to declare this • charity.
He had rather given the money for the advantage of
certain dillettenti whose literary feelings end teems bed
led them to make greet and praieeworthy efforts for
the preeervetion of the poet** birthplace. It had occurred to
his honour that be might perhaps treat this as a gift to the
birthplace committee absolutely ; but the indication of inten-
tbts which the will suggested was too strong for that.
lindtr thee• circumstances he could only come to
the conclusion that this gift failed. The lame
reasoning which applied to the bequest applied, but in a
stronger degree, to the gift of the annuity. That woe still
more clearly tin attempt to give • perpetual inalienable inte-
rest for • pi:este object, and the bill thus failed in both
parts. He presumed that in a case like this some arrange-
went had been made as to costa, and he should therefore
simply distiller the bill.