Allason and Others and Stark
| Jurisdiction | England & Wales |
| Judgment Date | 27 November 1838 |
| Date | 27 November 1838 |
| Court | Court of the Queen's Bench |
English Reports Citation: 112 E.R. 1208
IN THE COURT OF QUEEN'S BENCH
S. C. 1 P. & D. 183; 8 L. J. M. C. 13. Referred to, Gouldnoorth v. Knights, 1843, 11 Mee. & W. 342. Considered, St. Nicholas, Deptford, Overseers v. Sketchby, 1847, 405.
[255] The following cases, as far as Begina v. The Inhabitants of Somerby inclusive (with the exception of Wheeler v. Haynes, p. 286, note (a)), are reported by Edward Smirke, of the Middle Temple, Esquire, Barrister at Law. allason and others against stark. Tuesday, November 27th, 1838. Stat. 59 G. 3, c. 12, s. 17, does not vest the legal estate of charity lands in the parish officers, where there are known feoffees in existence, and where the trust funds are applicable only to certain specified objects partially in aid of the parish funds. Therefore, where lands were vested in trustees under a charitable bequest, on trust to apply half the rents towards the relief of poor people of good life and conversation in the parish, and half for apprenticing poor boya of the pariah; Held, that the legal estate was not transferred to the parish officers under stat. 59 G. 3, c. 12, s. 17, although, by a local Act, a portion of the rents was applied to the expense of erecting the parish workhouse, and paying off monies borrowed for that purpose. A dispute having arisen between trustees for the poor under a local Act, and the trustees of certain charity lands, respecting the liability of the former to pay rent to the latter for a workhouse built on the charity land, an amicable suit was instituted in the Eolls Court, and an order obtained for payment of a certain rent in respect of the said land : the trustees for the poor acquiesced in the order, and paid rent accordingly for twelve years: Held, that they could not afterwards dispute their liability in an action for use and occupation. [S. C. 1 P. & D. 183; 8 L. J. M. C. 13. Referred to, Gouldnoorth v. Knights, 1843, 11 Mee. & W. 342. Considered, St. Nicholas, Deptford, Overseers v. SketcUy, 1847, 405.] Use and occupation. The action was brought in respect of land in the parish of Kensington, Middlesex. On the trial before Lord Denman C.J., a verdict was found for the plaintiffs, subject to the opinion of this Court on the following case. The plaintiffs were trustees of the Cambderi Charity estates mentioned in stat. 17 G. 3, c. 64, "for the better relief and employment of the poor of the pariah of St. Mary Abbotts, Kensington," &c. The defendant was one of the trustees for executing the above Act, and was sued as snch under the provisions of 7 G. 4, c. cxiii. (local and personal, public), s. 37 (for amending and enlarging stat. 17 G. 3, c. 64). Elizabeth, Viscountess Cambden, by her will made in 1643, bequeathed to certain trustees therein named, and to the churchwardens of the above parish, a sum of money to be laid out in lands of inheritance of the yearly value of 101. upon trust, aa to one moiety thereof, [256] from time to time, yearly, for ever, " for and towards the better relief of the most poor and needy people that be of good life and conversation, that should be inhabiting within the said parish ; the other moiety yearly for ever 9 AD. ft E. 287. ALLASON V. STARK 1209 to put forth one poor boy or more, being of the said parish, to be apprentice or apprentices, and the 51. which shall be due to the poor of the said parish to be paid to them every half year, &c., at and in the church or porch thereof." In pursuance of this bequest, a piece of land called Butt's Field was purchased and conveyed to the trustees named in the will, and at the passing of the Act 17 G. 3, c. 64, formed part of the charity estates therein named. The Act 17 G. 3, c. 64, recited (sect. 1) that the above land called Butt's Field, together with other land purchased with a legacy left by Viscountess Cambden "to be yearly employed for the good and benefit of the poor of the town of Kensington for ever, in such manner as certain trustees therein named, since deceased, and the churchwardens of the parish of Kensington for the time being, should think fit to establish," and also other laud and buildings, were vested in certain trustees, their heirs and assigns, upon the trusts declared in the wills of Lord and Lady Cambden, with power to appoint new trustees when necessary; that it was desirable that the trustees should be able to grant building and other beneficial leases of the charity land, and that the " rents, profits, and produce of such part of the said charity estates as belong to the poor of the said parish be from time to time applied in aid of the poor rates, for paying the interest of monies to be borrowed, or annuities to be granted for raising monies to be invested and applied in the purchase of ground, and erecting, building, and furnishing a proper workhouse," &c., for the poor of the [257] said parish, &e. ; and that it would be beneficial to the parish and conducive to the improvement of the charity estates, if the trustees thereinafter named (that is, the trustees for putting the Act in execution) were empowered to contract for and build a workhouse, and for that purpose to raise monies by way of annuity, or otherwise, upon the credit of the rates, and if the trustees of the charity estates were enabled to grant or demise the same for...
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