Attorney General, at the relation, &, v Trinity College, Cambridge
| Jurisdiction | England & Wales |
| Judgment Date | 07 February 1856 |
| Date | 07 February 1856 |
| Court | High Court of Chancery |
English Reports Citation: 53 E.R. 405
ROLLS COURT
[383] the attorney-general, at the relation, &c., v. trinity college, cambridge. Jan. 29, 30, Feb. 7, 1856. Where property is given for charitable purposes which do not exhaust the whole income one rule is, that this, primd facie, is an indication of an intention to benefit the donee. In charity cases, the cotemporaneous acts of a donor are of importance for the purpose of putting a construction upon the instrument of gift, but the cotemporaneous acts of the donee are only valuable as shewing the intention and view of the donee in accepting the gift. When property is given for charitable objects which do not exhaust the whole income, and the question is as to the right of the donee to the surplus, the case is varied where the donee is a charity, from that where the donee is a trading corporation. 406 ATTORNEY-GENERAL V. TRINITY COLLEGE, CAMBRIDGE 24 BEAV. 3M. la 1558, a testator devised real estates, which he described as of " the clear yearly value of fourscore pounds or thereabouts," to Trinity College Cambridge, "to their only proper use and behalf," to the intent following "with part of the rents" to keep, find and maintain three grammar schools, and pay every master 13, 6s. 8d., and " with part of the rents keep, &c. a chaplain, and pay him j13, 6s. 8d.," and he directed other charitable payments. At the testator's death the rents exceeded the specific payments by 1, 6s. 8d. The rents having greatly increased, the Court, on a critical examination of the will, came to the conclusion, that after providing for the charitable objects, the college was entitled to the surplus rents. This was an information filed by the Attorney-General, at the relation of three inhabitants of Uttoxeter, against Trinity College, the Solicitor-General and the masters of the three schools, mentioned in the testator s will. It prayed- 1. That it might be declared that the Uttoxeter school, and the several other schools mentioned in the testator's will, were entitled to the increased income of the estates and hereditaments devised by the will of the testator, or to some share thereof; and that all proper directions might be given, and accounts taken for ascertaining and securing to them what they were so entitled to, in re-[384]-spect as well of the past rents and fines on the leases of the said property, as in respect of the future rents and profits thereof. 2. That a proper scheme might be framed for the management of the property of the charity, for the regulation of the Uttoxeter school, and if necessary, of the other schools, and for the management of the charity generally. The schools were founded by the Rev. Thomas Allyn, who by his will, dated the 20th of May 1558, expressed himself in the following terms :- " I Thomas Allyn Clerke psone of the Parishe Churche of Stevenage in Stevenage in the Countie of Hertford havinge and earnest zeale desire and mynde to sett vpp and maynteyne for en such good and laudable works as may and shalbe to thonor and glorie of Allmightie God my Maker Savyor and Redeemer do make declare and ordayne this my last will touching and concerninge the vse order and disposition of all and singler my manors messuags landes tenements and hereditaments w1 all and singlier there appurtenncs whatsoeur they be w' in the Realme of Englande in manar and fourme following that is to saie " First I give devise will and bequeath vnto the Mr Fellowes and Sehollers of Trynytie Colledge in Cambridge of Kinge Henrye theights foundation all that my manor of Wheston w111 thappurtenncs in the Countie of Leicester and all that my manor of Wryttlesham wl thappurtnncs in the Countie of Kente and all and singler other my mannors landes tenements and hereditaments w' all and singlier theire appurtenncs in the [385] said Countie of Leicester and in the said Countie of Kent and in the Countie of Hertford aforesaide and in the Countie of Staff, and in the Citie of London amountinge to the clere yerely value of fourescore pounds or thereabouts and all and singler deda evidences chres Court rolls tnynyments and wrytings concerning the said manors and other the pmyses or any part or pcell therof to have and to holde the forsaide manours landes tenements heredytaments evidences dedes chres wrytings and mynyments and all other the pmisses wth theire appurteuncs vnto the saide Mr Fellowes and Schollars and theire suecessours to theire only proper vse and behaue, for evermore to thintent hereafter followinge that is to saye that they the sd jyjr Fellowes and Scholeres and their successours vf parte of the rents revenues yssues and profitts coming and growing of all the same manours landes tenements and other the pmysses w' thappurtenncs shall from the daye of my deathe for ewmore kepe fyncle and inaynteyne three severall Free Grammar Scholes one of them at Uttuxeto1' in the Countie of Stafforde the seconde at Stone in the said Countie of Staff, and the third at Stevenage aforesaid iu the said Countie of Hertforde and shall contente and paye euy yere to euy Schole Master of the said thre sewall scholes thirtene poundes sixe shillings and eight pence of lawfull money of Englande for theire sewall waiges and stipends and also make and ordayne mete and convenyent statuts orders rules and constitutions for and touching the directyou order and gounannce of the said schole Mra and Scholers and for learninge of good aucthours and prayeing for me theire founder mornyng and evenyng wth the psalnie of 24BEAV.M6. ATTORNEY-GENERAL V. TRINITY COLLEGE, CAMBRIDGE 407 deprofundis and other suffrages thereunto accustomed w& the collett of Incelina Du Amen &c And I will that Marcus Petrus Danus shalbe the Schole Mr of the said Schole to be kepte [386] at Stevenage aforesaide and have the teachinge of the Scholers theare duringe his naturall lif wl the consent of the Mr of the said Colledge for the tyme beinge he doing his duety therein as to that office apperteneth "And I will and devise that the said Mr Fellowes and Schollers and theire successours vf part of the rents yssues and profetts comge and growinge of the said mauours landes and ten*8 and other the pmysses w"1 thapptencs shall from and after my decease kcpe fynde and maynteyne for eu one honest chaplin being of good name and fame and being vnpromoted of and unto any spriall benefice or srvice and having no yearely atypende or wages to saye and singe masse two dayes in every weke at the leaste ppetually that is to saye upon the Wednesday and Fryday and often when he is disposed within the Parishe Churche of Sudburye in the County of Derb and in that mass to pray for my soule my father and mothers sowles my Brothers and Sisters sowles and all Christen sowles wth the psalrae of De profundis and the Collectt and suffrags therevnto accustomed and shall content and pay unto the said Chapleyne yerely for his salarye or wages thurtene pounds sixe shillings and eight pence of good and lawfull money of Englande or more or less as the sayd Mr and Fellowes and Schollers and the said Chapleyne for the time being cann agree And I will that Sir Eobert Glassyer now my Chapleyne have that sruice during his lif if he will so long srue there "And I will and devise that the said Mr Fellowes and Schollers and their successours shall wl part of the rents and reuenues aforesaid kepe and susteyne once in the yere for me ppetually foure sewal obitts or aim saryes solemply by note w' all dyvyne sFuice [387]...
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