The Sun.
London, England, 1841-01-23 00:00:00

CHANCERY COU

The Loin CHANCELLOR, on cl,,
ing, gave judgment in the follovvirs
THOMPSON V. G111.4...4. 1......'
This was an appeal from a deNiia ;4#f 44,11004t.9pfera
Rolls, but the circumstances of the case ale not matersa for t
newspaper, the question turning upon the construction oft
settlement.
The appeal was dismissed with costs.
ATTORNEY-GENERAL U. IRONMONGERS' COMPANY.
This was also an appeal from the Rolls, and the question was
whether there were any objects now in existence which could
be considered cy pres to the objects:intended to be benefited by
the will of the testator, who bequeathed a moiety or
the income of his property to the Ironmongers' Com
pany, in trust for the redemption of British slave;
in Turkey and Barbary. The case has been. for many yew be.
fore the Court, .and was heard in different stages, bdh by
Sir John Leach and Lord Brougham, and the facts were full,'
reported in " The Sun," when it was before the Master of the,
Rolls,• from whose decision the appeal on which judgment way
now given, was made.
The Lotus CHANCELLOR, in giving judgment, observei
that the effect of the order of December, l8:19, was the sub.
jest of consideration; that the moiety of the income
bfoaifii 1
uh
I.,ed
, Britishot of b
such
u scalhapypel
gift
applied
tn. f 0
trTh
eulrs kateilto
otheroafn d
objectoßujaecr Bb ary • ought use
of the property by the will devoted to the redemptiott
tss namedbeing in esttlai Cs
will. The first question was whether that application of the
property ought to be established. His Lord Ship then adverted
to the terms of the former orders, from which it appeared that;
that mode of application had been disapproved of by all the
other Judges by whom the question had been considered. The, order of 1v.30 directed the Master, if he found there were no
objects of the first gift, to inquire how the moiety of the in-
come vested for it could be applied, regard being had to the
will, and to approve of • a scheme accordingly ; and
to inquire whether it could be carried into effect with-
out the aid of Parliament. The Master reported in
favour of a scheme proposed by the defendants, by which the
income of the moiety was to be equally divided
between the two other objects named in the will, viz., charity
schools in the city and suburbs of London, where the education
was according to the doctrines of the Church of England, no
one of them to receive more than 201. a year ; and necessitated
decayed freemen of the Company, their widows and children
and he reported that such scheme could be carried into effect
without the aid of Parliament. When the case came befort
his Lordship, while Master of the Rolls, he did not feel himself
competent to d;al with the report, although he expressed.
an opinion that there were decided objections to the
scheme which had been approved of. He had not
been able to satisfy himself that his former opinion
was incorrect. It was true that if severalcharities were named
in the will, and one failed for want of objects, one of the others
might be found eypres to that which had failed; and, if so, that
would be an additional recommendation for adopting it, but such
other charity ought not, as his Lordship conceived, to be prefer-
red to some other more nearly resembling that which had failed.. To assume, because the testator named two charities in his
will, he would have given the amount of both legacies to one if
he had foreseen the other could not have been carried
into effect ; and, therefore, to give the provision in-
tended for the objects that had failed to the other, was in many cases totally inconsistent with the doctrine of cy res.
The two objects might be totally unconnected, and there might
be other charities more nearly connected with that which the
testator intended to favour. In the absence of any object bear-
ing any resemblance to the gift which had failed, it was proper
to look at the second gift, but only as a guide ; but with regard
to the third object, thre was no ground whatever for consider-
ing it as indicative of the testator's general views, nor was the re
any reason fur supposing he would, under any circumstances,
have wished the provision to be increased. It could not, therefore,
be referred to for any purpose in settling a scheme for the appli-
cation cy pres, of the funds intended for the first object. The
most reasonable course to be adopted was to look at the second
gift as an i-deation of the kind of charity preferred' by the
0 stator, but snaking it as general in its application as the
fist was intended to be, that was, open to all
who might stand in need of its assistance, which
led to this
,conclusion, that it must be al phed in suppo t
of charity schools, without any restriction to place, where the
education was according to the Church of England; but the
sum given to any one was not to exceed 201. per annum. His
Lordship saw no ground for applying the fund to Green-
wich pensioners who were present at the battle of Algiers, or
the Seaman's Hospital, or to the Royal Marine Society, or to the
Royal Naval School, or to the school attached to Greenwich
Hospital, unless indeed such schools fell under the description
to which he had before referred. Neither was the Alico
Charity one to which the funds could be applied on the doctrire
of cy pees. The legacy in that case was to redeem poor slaves
in what manner the executors should deem most convenient.
In this case there was no restriction as to the description of
slaves or the country in which they were to be looked for, and
when, at the date of the report in I M 5, as a reference to ap-
prove of a scheme, it appeared there were not within any part
of the British dominions any poor slaves to be redeemed, but
that there were in the colonies maay thousands of human
beings from whom the appellation of "slaves" had been
removed, but whose real situation was very short of that of
freedom—from whose bodies the chains of slavery had been
struck, but whose minds and morals were still in that state of
degradation which was inseparehle from the unfortunate situa-
tion from which they had lken recently rescued. It had
been proposed to the Master to approve of a scheme for the
completion of that holy work by assisting in the echtcatite.of
those poor beings. If before the slavery abolition those Inds
could have been properly applied in the emancipation of slaves,
the proposed application to the extent of improving the comb-
tion of the negro apprentices, would have been strictly
cy pres to the intenlions of the donor, but that was au
application to which, in the present case, the fends
could riot at any time have beets made. There
was necessarily great latitude in exercising jurisdiction
over charity funds where the direct object of the donor failed,
and therCor e very different opinions might be formed on the
subject. The providing for the educaiion of the poor it might,
be said had no reference to the object of the charity which had
failed, but no other had been suggeAedby which the funds might
be applied in a manner exi,ressed by the testator to the
benefit of all who might stand in need of them. His Lordship
proposed, therefore, to reverse the decision of the Master of
the Rolls, except so much of it as declared that there were 1111
d,rect objects to which the gift respecting British rapt v.s could
be applied, and in lieu of that part of it to declare that it should
be applied to the support of charity schools irigngland and Wales
where the education was according to th?"lloctrines of the
Church of England, but to an amount not exceeding 20/. a
year to any one. The :Master must approve of a scheme for
that purpose. The relators and the company must have their
costs out of the fund, but the other parties, who bad appeared
for various charities, c ould not have any costs. Their inter-
ference, and taking part in the proceedings, was i.eitgular, but
considering the manner in which they had been invited into
the Master's office, and the circumstances under which the pro-
ceedings were taken, his Lordship would not order them to
pay costs.

MILNER. V. SINGLETON.
The appeal in this case was dismi,sed, with costs.

ROLLS' COUitT.-(THIS DAY.)

His Lordship the MASTER of the Ilor,r,s was occupied the
entire day with a part-heard case of Wiggins v. Lord.

VICE-CHANCERY.-(THIS DAY.)

BANNATYNE V. LEADER.
Mr. JACOB had not concluded his reply in this case, when we
went to press.

THE MURDER AT ASHTON.

On Thursday the four prisoners, Williams, Holme,and the
two Hardwicks, were placed before the Magistrates at Ash-
ton, when Edward Davis, one of the accomplices, was con-
fronted with them. He was one of the prisoners liberated
from Kirkdale on bail, but afterwards recommitted. His
appearance as a witness, produced a great sensation in
Court. After recounting the various meetings of the par-
ties, he thus describes what took place after his arrest :
While in custody here, I was with Williams at the station-
house in Droyliden. On Saturday, when brought up here,
we were taken out to be shaved one by one. We were all
shaved. I and Thompson, Williams, and Hardwick, were
all in the lock-up together. I heard Williams saying to
the Hardwicks, that all of us should be of one mind;
there ought to be no splitting. " Sooner,"he added, " than
split on little Jack, I'll hang like a pound of candles." I was
sent to Kirkdale that day. After being there some days,
I met with Williams and the Hardwicks. I and Williams
were talking, and Samuel Hardwicke got behind us.
I was talking about the man being shot. I saidio It is a
very asvkwaro concern, and it is most likely some person
may suffer for it innocently." " Oh," said Williams,
" it's of no use talking about that. There is not. a man
upon earth knows about it, only me and little Jack." Sa-
muel Hardwick found us while we were talking this way.
I repeated the same words over again in Samuel Hard.
wick's hearing. He said again there was no danger of its
coming out. No one outside knew of it, only Jack. "Jack
I will never split on," he said, " and I'm not afraid he'll
split on me." He said ha should not like Jack to be hurt;
he was a little good one. He spoke to me of the money
after. As we were walking, he said, " Jack has done his
duty this time; he ought to have a pound for it."
The prisoner Holme commenced a very long but wholly
pointless cross-examination of the last witness, except !n-
-ldieaemds.in
He
oei n
at
ss k iend whichm forhe ieorsi
tma inricaet
with them at Whitfield sow-mill when the murder took
Williams
e
asth
plied.cdiv:himselfats hebenen aat et dv
present
e V l
be
..
place ? And when the witness re
applied
s to i
supportthe B en
Magistrates refused.
lei
The Court continued to sit without interruption until
ofc h s be
accusation,al lo w e to
which,
fcourse,
five o'clock, when it adjourned.

CENTENARYT eLetOinEg To
fl-ItEheiN\TlAadDrißglalG
SOCIETY.—
So-
ciety, held on Friday in Freemaison's-hall, had the addi-
tional remarkable feature, that t commemorated the ter-
mination of a century from the establishment of the Society.
Many of our musical readers know that it was founded in
174 i by John Inunyns, an attorney, who brought together
a small circle, composed of persons in humble life, but in-
spired, like himself, with a genuine love of music, for the
purpose of enio)iug the fine old vocal harmony which even
then bad fallen into general oblivion. The Madrigal So-
ciety, thus funded, has continued its meetings without
interruption for a hundred years ; and through every vi-
cissitude of public taste has kept alive the knowledge of,
and love for, the great vocal harmonies of the sixteentit
and seventeenth centuries, when they were everywhere
.else neglected and forgotten.
BANK FOR SAVINGS.—The managers of the
East London Bank for Savings and Annuities, in making
their third annual report on the affairs of the bank, state
that it has been successful beyond their most senguine ex-
pectations. This circumstance is gratifying, not merely
as it is the reward of disinterested exertion, but chiefly as
it shows that such an institution was needed, and that the
classes for which it is intended are beginning more extol-
i m 20th of
ei
Ytoappreciate
rNovember, 1839, to 20th of November, 1840.
arc 9,997/. 6a Bd., and the total receipts from the eon].
menccm
oncn the
t' july'lB37, arc 25,0081. 103. 3d., making the
increase last year more than double. The number
of new accounts opened in the year are five hundred ant
forty-nine, and the number of deposits made seven thou-
sand six hundred and twenty-three.
Since the conclusion of the Mackau treaty the
people of Monte Video arc in the utmost despair. This
apprehension is certainly not without cause, the poor
people having been placed under the protection of France.
—Charivari,

We note in a contemporary's column the adver•
tisement of a lady for a husband. " None need apply
under six feet." Whew 1 but the lady goes in ferociously
for Ily.mcn.—New York Paper.