Attorney General v Calvert
| Jurisdiction | England & Wales |
| Judgment Date | 16 February 1857 |
| Date | 16 February 1857 |
| Court | High Court of Chancery |
English Reports Citation: 53 E.R. 97
ROLLS COURT
S. C. 26 L. J. Ch. 682; 3 Jur. (N. S.) 500. Approved, Attorney-General v. St. John's Hospital, Bath, 1876, 2 Ch. D. 572. Distinguished, In re Perry Almshouses [1899], 1 Ch. 32.
[248] attorney-general v. calvert. Jan. 27, 28, Feb. 16, 1857. [S. C. 26 L. J. Ch. 682; 3 Jur. (N. S.) 500. Approved, Attorney-General v. St. John's Hospital, Bath, 1876, 2 Ch. D. 572. Distinguished, In re Perry Almshmises [1899], 1 Ch. 32.] A first principle applicable to charities is that the intentions of the founder are to be carried into effect, as far as they are capable of being so, and so far as they are not contrary to law (using the word law in its proper and widest signification, as including the precepts of religion and morality). If therefore the founder has directed that only persons conforming to the Church of England shall be recipients of his bounty, his will must be followed. If a charity be founded to support some religious establishment, or if it seek to promote religious education (as in the case of Lady Hewley's Charity (Shore v. JFilsmi, 9 Cl. & Fin. 355) ), and if in addition to this, the intentions of the founder are not clearly expressed, or if the instrument of foundation be lost, or even never had any existence, the opinions and religious tenets of the founder have a most material bearing on this question : who are the objects of the charity, and in what manner the trusts of it are to be performed 1 for the purpose of carrying into effect the general purpose, which is known to be the support of religion. In these cases, the presumption in the first instance is, that the founder intended to support an establishment belonging to some particular form of religion, and that he intended some particular doctrine of religion to be taught. The next presumption is that this establishment and that this doctrine was that which he himself supported and professed, and the Court will look carefully at his course of life and conduct, and spell out expressions, not merely in the instrument of foundation but in his will and works, to ascertain what were the doctrines and opinions entertained and professed by him. To some extent, though in a far less degree, the same principle applies when a charity has been founded for purposes of secular education. Here, in the absence of expressed intention, the Court will not assume that the founder intended any particular religious doctrine to be combined with the secular education; but on the contrary, will assume that the object was for secular instruction generally, and that admitting that religious education is to form part of the instructions given, it would still allow each person who needed the secular education to obtain the benefit of it, and would not, by enforcing particular rules relative to religious instructions, prevent all denominations of Christians from obtaining the benefit of the instructions so offered. But here again, if the founder has expressed an intention that religious instruction of a particular character shall form a part of the instruction given, the Court will follow that direction, although the effect may be to exclude a large portion of community, most in need of the charity, from deriving any benefit from it. But when the charity is purely eleemosynary, a different class of considerations arise. Prior to the Reformation, almshouses were erected and endowed. The almspeople were required to attend the chapel and say Paternosters, Aves, &c., and pray for the souls of the dead ; and if they did not obey the ordinances, were to be expelled. The parson of the parish and churchwardens were to distribute the rents. Held, B. vi.-4 98 ATTORNEY-GENERAL V. CALVERT 2JBBAV.249. that Dissenters who could conscientiously comply with the directions laid down by the founder, modified by the changes produced by the Reformation and the subsequent statutes, were not excluded from obtaining the benefit of the charity ; and that if a Dissenter conformed to the rules, the trustees could not examine whether he did so sincerely. The fact of the recipients of a charity being required to rehearse a particular prayer in church, or sit in a particular pew, or attend at the church porch or in the church itself to receive the bounty, does not justify the exclusion of Dissenters from participating in the charity. This information was filed against the trustees of the Hadleigh Charities, and its principal object [249] was to obtain a declaration that persons disseziting from the Church of England, being in other respects fit and proper objects, were entitled to participate in the charities, and also that Dissenters from the Church of England were eligible to the offices of feoffees or trustees of the charity estates. There were a number of distinct charitable gifts, which were administered by the Defendants; but it is only necessary to refer, in detail, to one, namely, that of the Eev. William Pykeuham, formerly Archdeacon of Suffolk and rector of the parish of Hadleigh. The will of Mr. Pykenham was dated the 6th of April 1497 in the 12th Hen. 7, and thereby, after referring to a feoffment made by him to trustees of his lands, he proceeded to declare the charitable trusts on which the lands were to be held. He willed that the feoffees should suffer his five executors, during their life natural, and after their decease the parson of the parish church of Hadleigh, and the wardens of the said parish church for the time being, for ever, to receive the rents, and well and competently repair, sustain and maintain, when and as often as need should be, as well all the lands and tenements in Whatfield, Aldham, Newton, Elmoset, Hadleigh and Seymer, as also all the twelve tenements, with the appurtenances, lately by him builcled for twelve almshouses; and the residue of the said rents he willed that his executors, during their life natural, and after their decease the said par-[250]-son and wardens of the aforesaid church for the time being, should well and truly lay out, bestow and distribute yearly for ever to and among the twenty-four poor persons, almsmen and women, now being and which for the time shall inhabit in the twelve tenements or almshouses abovcsaid, towards the exhibition, finding and sustentation of the same twenty-four poor persons, men and women, that is, to wit, to every of the same poor persons, man and woman like much, in eschewing of variance and stryffes. He proceeded as follows :-" Also I will that every holy day in the year, from henceforth for evermore, the bell in the chappell be tolled every forenoon at eight of the clock, and in the afternoon, at four of the clock, by one of the said poor men," &c., &c. " And then I will that immediately, without any delay, every one of the said twenty-four poor men and women, which now be and which for the time hereafter shall be elect, chosen arid admitted into any of the almshouses aforesaid, by all the time that he, she or they shall continue and dwell in one of the...
To continue reading
Request your trial
-
Attorney General v Clifton
...or be appointed trustees or schoolmasters of it, and whether any of the present trustees ought to be removed. Attorney-General v. Calvert (23 Beav. 248); Re Ilminster School (2 De Gex & Jones, 535); Baker v. Lee (8 H. of L. Gas. 495); Attorney-General v. The Earl of Stamford (1 Phill. 737);......
-
The Attorney-General At The Relation of The Commissioners of Charitable Donations and Bequests in Ireland v The Bishop of Limerick and Others
...6 T. R. 388. Bleakely v. WinstanleyENR 3 T. R. 279. Attorney-General v. SmithiesENR 1 Keen. 280. Attorney-General v. CalvertENR 23 Beav. 248. Attorney-General v. PearsonENR 7 Sim. 290. Attorney-General v. Cullum 2 Y. & Col. 411. Attorney-General v. WhitbreadENR 26 Beav. 116. Hale's CaseST1 ......
-
Baker v Lee
...as being supposed to be a [500] necessary preparation for holy orders. Cox's case (1 P. Wins. 29). In the Attorney-General v. Calvert (23 Beav. 248) relating to the Hadleigh charity school, which was founded by a will, dated in 1497, the Master of the Rolls said, that in the absence of part......
-
Inglis v The Dunedin Diocesan Trust Board HC Dun
...1 c 4. [29] The law’s approach to construction of charitable trusts was stated by Sir John Romilly MR in Attorney-General v Calvert (1857) 23 Beav 248; 53 ER 97 at The first principle which is applicable to all these charities, without exception, is, that the intentions of the founder are t......
-
Fla. Admin. Code Ann. R. 53ER87-11 [Replaced] Findings
...6-26-87, Replaced by 53ER97-38.Source: Specific Authority Section 6, Chapter 87-65, Laws of Florida. Law Implemented Section 6, Chapter 87-65, Laws of...
-
Fla. Admin. Code Ann. R. 53ER87-12 [Replaced] Definitions
...6-26-87, Replaced by 53ER97-38.Source: Specific Authority Section 6, Chapter 87-65, Laws of Florida. Law Implemented Section 6, Chapter 87-65, Laws of Florida, 255, 287...
-
Fla. Admin. Code Ann. R. 53ER96-6 [Replaced] Retailer Florida Lotto Bonus Commission
...1-25-96, Replaces 53ER95-47, Replaced by 53ER97-26.Source: Specific Authority 24.105(10)(a) FS. Law Implemented 24.105(10)(a), (c)...
-
Fla. Admin. Code Ann. R. 53ER96-31 [Replaced] Instant Game 54 Specifics
...6-26-96, Replaced by 53ER97-26.Source: Specific Authority 24.105(10)(a), (b), (c) FS. Law Implemented 24.105(10)(a), (b), (c)...