Attorney General v Gladstone
| Jurisdiction | England & Wales |
| Judgment Date | 10 June 1842 |
| Date | 10 June 1842 |
| Court | High Court of Chancery |
English Reports Citation: 60 E.R. 3
HIGH COURT OF CHANCERY
S. C. 11 L. J. Ch. 361; 6 Jur. 498.
Charity. Legacy. Lapse.
[7] the attorney-general v. gladstone. June 10, 1'842. [S. C. 11 L. J. Ch. 361 6 Jur. 498.] Charity. Legacy. Lapse. "Testator gave to T. R. 15,000, to be by him applied for the use of Koman Catholic priests in and near London, at his absolute discretion. T. E. died in the testator's lifetime. Held, that the legacy was not void for uncertainty, and did not lapse by T. K.'s death in the testator's lifetime, but was good as a charitable legacy: and 4 ATTORNEY-GENERAL V. GLADSTONE 13 SIM. 8. that it must be applied for the benefit of persons filling the character of Eoman Catholic priests in and near London at the testator's death, and afterwards according to a scheme to he approved by the Master. Charles Eobert Blundell, Esq., made his will, dated the 28th of November 1834, and thereby, after disposing of his real estates, gave the following legacies and annuities:- "To the Eight Rev. Dr. Walsh the sum of 5000, to be by him applied for the purposes of Oscot College [8] in Staffordshire : to the Rev. Thomas Robinson 4000, to be by him applied to the use of Ampleforth College in Yorkshire: to the said Thomas Robinson the further sum of 4000, to be by him applied to the use of Downside College in Somersetshire: to the said Thomas Robinson the further sum of 4000, to be by him applied to the use of Old Hall Green College in Hertfordshire: I also give to the said Thomas Robinson the further sum of 15,000, to be by him applied for the use of Roman Catholic priests in and near London, at his absolute discretion: and I give to the said Thomas Robinson the sum of 2000 for Lydiate Roman Catholic Chapel: all which before-mentioned pecuniary legaciea I direct to be paid, immediately after my decease, out of such part of my personal estate as is legally applicable thereto: and I give out of my personal estate the following annuities :-To the incumbent priest, at the time of my decease, of the Roman Catholic Chapel ab Formby, 60 a year for his life: to the incumbent priest at the time being of my decease at Ince, 100 a year for his life." The testator then made several other beqnests, and gave the residue of his personal estate to the Right Rev. Dr. Bramston and the Right Rev. Dr. Walsh, and appointed John Gladstone, Robert Gladstone, and Thomas Robinson trustees and executors of his will. Robert Gladstone, Thomas...
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