The Sun.
London, England, 1862-05-30 00:00:00

HE SUN, LONDON, FRIDAY SVENING, MAY 30, 1862

thin the condition of the heart and lungs before the
administration of chloroform,
The Coroner a9ked if the medical man was pre•
sent who administered the chloroform, when Mr.
Perry, the summoning officer, answered in the ne-
gative.
The Coroner then'gave instructions to the con-
stable to summon the three medical men who had
the case under their joint charge, and adjourned the
investigation for their attendance.

LA TV INTELLIGENCE.—May 29.

ROLLS COURT.
(Before the Master of the Rolls.)
THORNTON V. HOWE.

This suit raised the question whether a gift of an
estate for the purpose of propagating " the sacred
writings of the late Joanna Southcote" was void, on
the ground that they were of a blasphemous and
immoral character ; and if not void on that ground,
whether it was not void under the Statute of Mort-
main. The suit was instituted by Eliza Thornton,
of New Hampton, the niece of the donor, Ann
Essem, formerly of Hampton, now deceased, for the
purpose of administering her estate. After leaving
some legacies to her friends, the testatrix bequeathed
all the remainder of the estate, both real and per-
sonal, that she might be possessed of after the pay-
ment of her debts, funeral and testamentary ex-
penses, to Benjamin Howe, of Old-street, St. Luke's,
his heirs and assigns for ever, upon trust to apply
all the produce of her real and personal estate in
the printing, publishing, and propagation of the
sacred writings of the late Joanna Southcote. The
plaintiff charged that the trust was void at law, and
that the heir or heiress, or co-heiress-at-law to the
testatrix, became at her death beneficially entitled
to her real estate, subject to the trust for payment
of her debts. The defendant, on the other hand,
contended that the trust was legal, but that if not
he was beneficially entitled to the estate.
Mr. Fooks was counsel for the plaintiff, and Mr.
Selwyn and Mr. Speed for the defendant.
The case was argued some weeks ago, when judg-
ment was reserved.

His Honour, in delivering judgment to-day, said
that he had investigated the writings of Joanna
Southcote, and had found in them nothing likely
to corrupt the morals of her followers, or to make
her readers irreligious. She was, in his opinion, a
foolish, ignorant woman, of an enthusiastic turn
of mind, who imagined that the Almighty had
selected her as a special instrument to promote
some good on the earth. Every person who had
attained such a pitch of self-confidence seriously
believed himself to be an organ of communication
with mankind, specially selected for that purpose
by the Creator. The Court therefore must declare
that the gift was not invalid by reason of any im-
moral tendency in the writings of Joanna South-
cote. But there remained the more serious objec-
tion, whether the gift was not invalidated by the
statute of Elizabeth with regard to gifts for chari-
table purposes. He was of opinion that if a bequest
were made for printing works of a religious tend-
ency or for the extension of the Christian religion,
the Court, on proper application, would sanction
and settle a scheme for those purposes. In fact, he
had recently, in chambers, settled a scheme of that
description; and in that respect he was of opinion
that the Court of Chancery made no distinction be-
tween one sort of religion and another—that they
i
were equally bequests included n the general terms
" charitable bequests." Neither did the Court make
any distinction between one sect and another. The
testatrix was a decided believer in Joanna South-
cote. Joanna Southcote, it was obvious from her
writings, was a very sincere Christian. She laboured
under the delusion, at ail advanced period of her life,
that she was made the medium of miraculous birth
of a child, and that thereby an advancement of the
Christian religion would be produced. Her writings,
he believed, were intended by her to extend the in-
fluence of the Christian religion; and he could not
say that a bequest for the publication of works for
the support of the Christian religion was not a
charitable bequest. If a testator were to leave a
fund for the purpose of publishing, at a reduced
price, religious works, that, in the opinion of the
Court, would be a charitable bequest. But this tes-
tatrix had bequeathed not only personal but landed
property for the purposes of the trust in question.
Under the Statute of gortmain the 'gift of landed
property for these purposes was void, and there
must be a declaration to that effect.

COURT OF QUEEN'S BENCH.
(Sittings in Banco at Westminster, before Lord
Chief Justice Cockburn, Mr. Justice Wight, Mr.
Justice Crompton, and Mr. Justice Blackburn.)