The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1842-06-14 00:00:00

VICE-CHANCELLORS' COURTS, FRIDAY, JUNE 10

(Before Sir L. SHADAVELL.)
ATTORNEY-GENERAL V. GLADSTONE,

This case came again before the Court to-day by arrange-
ment. The information is filed at the relation of several
Roman Catholic priests residing in and near London, to ob-
tain the benefit of a bequest contained in the will of the late
Mr. Blundell of a sum of £15,000 to be applied for the use of
Roman Catholic priests in and near London, at the discre-
tion of the Rev. Mr. Robinson, a Roman Catholic priest, at
Liverpool, who was dead at the date of the testator's decease.
Mr. Bethell, who appeared with Mr. Campbell in support
of the information, expressed his astonishment that any ques-
tion should be now raised upon the construction of the lan-
guage and the charitable character of the bequest by the Rev.
Dr. Walsh, who had in express terms by his answer admitted
that it was a charitable legacy, and as it had been already
carried over by an order of the Court to an account to be en-
titled " The Roman Catholic Priests', in and near London,
Legacy Account." The learned counsel directed the atten-
tion of the Court to a Roman Catholic periodical, in which,
it was understood, Dr. Walsh was represented as filling the
office of Vicar-Apostolic of some portion of the Roman
Catholic Church, and said it was difficult to understand what
kind of mental reservation was exercised by the right rev.
gentleman who sustained this high dignity in the Romish
church, when he first admitted solemnly and deliberately by
his answer, that the gift was a charity for the benefit of his
clerical brethren, and afterwards set up a claim to the fund
for his own personal benefit as residuary legatee. The ad-
mission, however, it was contended, precluded him from
taking the objection now at the bar to a reference to the
Master to approve of a scheme ; and the Court having
directed, in the suit for the administration of the testator's
estate, with Dr. Walsh's concurrence, that a fund should be
set apart for the purpose of the charity, would not now suffer
the opinion it had given upon the charitable nature of the
bequest to be disturbed. The learned counsel nevertheless
submitted, that if the question of the bequest being a charity
were still open, the Court could entertain no doubt that the
gift was charitable, inasmuch as it was not a gift to the par-
ticular persons, but for the benefit of the office they sus-
tained, and that since the Roman Catholic Emancipation
Act, there was nothing legally to deprive a Roman Catholic
priest of the benefits of a bequest for the purpose of the
church on the ground of a superstitious use, but that the
same law which was applied to a dissenting minister before
the statute was applicable to a Roman Catholic now.
Mr. Purvis and Mr. Bagshawe appeared for Dr. Walsh,
and repelled the insinuation that any motives of personal
benefit had induced him now to ask the opinion of the court
upon the construction of the bequest ; and that it was uni-
versally known that if the court should determine the gift
to be void, and it fell into the residue, Dr. Walsh would not
apply it to his own use, but appropriate it to the best of his
judgment according to the intention of the testator. It was,
in fact, nothing but a desire to carry out those objects with
as little expense as possible that induced him to submit the
question to the judgment of the court. The publication
which had been shown to the court would convey an idea of
the number of persons of various descriptions and classes
that might set up claims to the benefits of the fund. There
were Roman Catholic priests officiating and not officiating in
and near London. The expression "in and near " might
mean anything or nothing ; it might be held by some to in-
clude Westminster and Southwark, by others, to extend to
the limits of the post, by others to be confined to one county,
and by others to embrace several ; and it was therefore at
once to have the judgment of the court on the matter, and
prevent an endless controversy, that the present course had
been taken. Dr. Walsh was not precluded from raising the
question by anything that had taken place. The information
was filed, and had the sanction of the Attorney-General,
long before the fund was carried over in the other suit, and
it was a matter of arrangement and understanding with all
parties that the opinion of the court should be taken upon
the question which was to be raised by the information. Dr.
Walsh, therefore, had merely admitted the case stated on the
information, and not upon his oath; and it was for the court
to determine whether the gift was void for uncertainty, or
whether it was intended for the benefit of Roman Catholic

priests living at the death of the testator, and whether they
must be resident and officiating in and near London, or whe-
ther the legacy had not altogether become lapsed by reason
of Mr. Robinson having predeceased the testator.
The Vice-Chancellor said, looking at the language of the
will, he was of opinion the legacy was given for the benefit of
persons who either now or at any time hereafter might happen
to bear the character of Roman Catholic priests in and near
London. No objection arose with regard to the indefinite
nature of the words "in and ;near London," because if it
were determined that what was given was clearly a charity,
the court would solve the difficulty with regard to its appli-
cation by directing a scheme to be approved by the master.
paplslhie,do
The language of the will was, .` I give and bequeath out of
ffoWr
tohlev epruhrapmo
purposes
no,f
othe
ost sumc oo
lfl
e5,000s
t,
atfo.
my personal estate the following legacies :—To the Right
Rbeevb.yphrim. Walsh,
fordshire ; to the Rev. T. Robinson, of Seel-street, t et
of Downside Liver-
pool, £4OOO, to be applied for the use
in Somersetshire. To the said Thomas Robinson, the fur-
ther sum of £4OOO, to be by him applied to the use of Old
Hall-green College, in Hertfordshire." The expression uni-
formly made use of in each of these bequests (except the first)
was " to be applied to the use " of the Roman Catholic esta-
blishments mentioned ; and the very term " college " con-
templated an endurable thing. After these four bequests fol-
lowed that upon which the question arose—" To the said
Thomas Robinson the further sum of £l5OOO, to be by him
applied for the use of Roman Catholic priests in and near
London, at his absolute discretion." The same language is
here used as had just before been employed with respect to
the legacies given to the colleges, and there was nothing at all
in the words " for the use of the Roman Catholic
Priests " which showed more an intention to confine the
benefit of the bequest to those Roman Catholic priests who
might happen to be living at the testator's death, or the
death of Mr. Robinson, than to those Roman Catholic priests
who might come into esse after the death of the testator, and
before the death of Mr. Robinson, or at any time after the
death of both ; knowing, moreover, as much as they all did
of the Roman Catholic church, it might be supposed of her,
as well as of the Protestant church, that as long as the world
endured, there would be Roman Catholics in every place,
and the words of the testator, in his honour's opinion, must,
therefore, be construed as applying to Roman Catholic priests
in and near London as a party, and not to any particular
persons. The next gift in the will was to a Roman Catholic
l So that the legacy in question was preceded by chape . endure, and succeeded be-
quests for purposes that must by one
of the same nature. And in a subsequent part of the will,
where the testator meant to give a personal legacy, he made
use of entirely different language. Therefore, as the testator,
when he intended to give a benefit personally, had distinctly
marked it out, and included the present legacy among a num-
ber of bequests for the benefit of what was endurable, his
honour, on the best consideration he could give the matter,
was of opinion the £15,000 was a legacy for the benefit of
persons who now or hereafter, might happen to fill the
character of Roman Catholic priests in and near London;
and that the matter must be referred to the master to settle
a scheme for the administration of the charity accordingly.
[lt was mentioned 'day that an important
in court on Saturday
change had taken place in the aspect of the cause, by the
birth of a second son to Cardinal Weld.]