Attorney General v Sparks
Jurisdiction | England & Wales |
Judgment Date | 06 December 1753 |
Date | 06 December 1753 |
Court | High Court of Chancery |
English Reports Citation: 27 E.R. 134
HIGH COURT OF CHANCERY
See Att.-Gen. v. Mayor, &c., of Bristol, 1820, 2 Jae. & W. 320.
Case 101.-attorney-general against sparks. Dec. 6, 1753. [See Att.-Gen. v. Mayor, &c., of Bristol, 1820, 2 Jae. & W. 320.] Devise to charity; the rents being increased, the charity directed to be increased.- [Lib. Reg. 1753, A. fo. 77.] "William Tymperon, by will 20th November 1723, devised to Robert Davy, for his natural life, and after his death to the ministers of St. John and St. Mary in Beverley, and of Aldborough in Yorkshire, for the time being for ever, all his manor in Aldborough, and all his lands, tenements, and hereditaments therein, and all his lands, tenements, and hereditaments whatsoever, and all fee farms, furze heaths, moors, marshes, ways, wastes, escheats, reliefs, heriots, profits of courts, with a multitude of general words, to the uses thereinafter limited and expressed; that is to say, if his personal should fall short in paying his debts, then by sale, mortgage, or leasing of the premises, or any part thereof, to pay and discharge the same, and to pay two annuitants for life therein named, and since dead ; to one 2, 10s. and to the other 1, 5s. a-year; and to purchase a house near to St. Mary's church in Beverley, for the habitation of six poor men or women; two to be chosen out of the town of Aldborough, three out of St. Mary's, and one out of St. John in Beverley ; and to pay to each of them 2s. 6d. a week. AMB. 202. HALL V. HEWER 135 And he also gave to the minister of Humbleton, in Yorkshire, for the time being, for ever, 4 a-year. [202] Robert Davy and the annuitants being both dead, bill was brought for the establishment of the charity. It appeared that the testator's personal estate amounted to but 60, and at the death of the testator his real estate was but 50 a-year, but that it is since let at 63 clear of taxes. It also appeared, that the trustees had with the rents paid off the testator's debts, and (inter alia) a mortgage upon the estate of 400 and interest; and that there remained in their hands 139, 10s. O^d., and also that they had contracted for a house in St. Mary's but not paid for it. Question. What shall become of the surplus rents, after payment of the 2s. 6d. weekly to six persons each, and the 4 a-year to the minister of Humbleton "? Whether they shall go to the heir at law, as undisposed of; or be applied in augmentation of the charity 1 After...
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