Attorney General v The Earl of Lonsdale
| Jurisdiction | England & Wales |
| Judgment Date | 25 January 1827 |
| Date | 25 January 1827 |
| Court | High Court of Chancery |
English Reports Citation: 57 E.R. 518
HIGH COURT OF CHANCERY
S. C. 5 L. J. Ch. (O. S.) 99. See Attorney-General v. Mayor, &c., of Dartmouth, 1883, 48 L. T. 934; Commissioners for Special Purposes of Income Tax v. Pemsel [1891], A. C. 567.
Charity. Election.
518 T , , ' A.TTOHNEY-GENEKAL V. LORD LONSDALE 1'SIM.HUt 1105} the attorney-general v. the earl of lonsdale.(*) Jan. 25, 1827. [S. C. 5 L, J. Ch. (0. S.) 99. See Attorney-General \. Mayor, &c., of Dartmouth, 1883j 48 L. T. 934; Commissioners for Special Purposes of Income Too: v. Pemsel [1891], Ar C. 567.] Charity. Election. Where the trusts of a deed and will were to found a school, for the education of gentlemen's sons, in a particular house built by the founder; and it wag provided that, if the school was not established, the funds should be applied at the discretion of the trustees, to some other purpose conducing to the good of the county of Westmoreland and the parish of Lowther especially ; the charity as to the school having altogether failed, by the schoolhouse having been built on a part of the founder's family estate, of which he was tenant for life only, the Court referred it to the Master to settle a scheme for the benefit of the County of W, and the parish of L. especially. To raise a case of election there must be a form of a gift as to the property which the donqr had no power to dispose of. The information prayed that a school might be endowed and established pursuant to the trusts declared by John Lord Viscount Lonsdale, by certain indentures, dated the 4th and 5th of May 1097, and by his will. The Defendants were the present Earl of Lonadale and several members of his family, who claimed to be entitled in remainder under the family settlements to the estates in question. By the indentures of May 1697, after reciting that John Lord Viscount Lonsdale designed to found and settle at Lowther, in the county of Westmoreland, a school of learning, for the education of gentlemen's sons there; and, to that purpose, in the town of Lowther had erected and built from the ground a large and fair house, wherein the said school should be kept, and they taught and educated accordingly ; and, for continuance and support thereof, had resolved to settle a competent revenue, whereby and out of which, such masters and other persons there to be placed, or employed to keep, teach and manage the school, might have proper salaries for their labour and maintenance, and that the school might be continued...
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