Attorney General v The Corporation of Beverley
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1854 |
| Date | 01 January 1854 |
| Court | High Court of Chancery |
English Reports Citation: 43 E.R. 1231
BEFORE THE LORDS JUSTICES.
S. C. 15 Beav. 540; 1 Jur. N. S. 763; 24 L. J. Ch. 374; 3 Jur. N. S. 871; 27
L. J. Ch. 66; 6 H. L. C. 310; 10 E. R. 1315 (with note). Considered, Attorney-
General v. Waxchandlers' Company, 1870, L. R. 5 Ch. 508. See Merchant Taylors'
Company v. Attorney-General, 1871, L. R. 6 Ch. 516.
[256] the attorney-general v. the corporation of beverley. Before the Lords Justices. Nov. 10, 11, Dec. 13, 1854; Jan. 17, 1855. [S. C. 15 Beav. 540; 1 Jur. N. S. 763; 24 L. J. Ch. 374; 3 Jur. N. S. 871; 27 L. J. Ch. 66 ; 6 H. L. C. 310 ; 10 E. R. 1315 (with note). Considered, Attorney- General v. Waxchandlers' Company, 1870, L. R. 5 Ch. 508. See Merchant Taylws' Gampany v. Attorney-General, 1871, L. R. 6 Ch. 516.] When an estate is given upon trust to pay to a charity an income exactly equal to the then rente, the charity is entitled to the benefit of any increase; and semble, that the same rule would be applied if a portion of the rents not given to the charity were wholly dedicated to the exoneration of rents that are so given from burdens which would otherwise fall on them; but the principle does not apply when the amount given to the charity does not equal the amount of the rent at the time. A testator in 1652 devised to a corporation a farm, which he described as yielding 47 a year, in trust and confidence to pay three annual sums of 20, 10 and 10 for certain specified charitable purposes, but subject, as to the 20 per annum, to a life interest which he gave in it to his sister. He also directed, that so long as the taxes for the maintenance of soldiers should continue, what the corporation could not " spare out of overplus of rent, viz., 7," should be deducted out of the annual 1232 ATT.-GEN. V. CORPORATION OF BEVERLEY 6 DEa. M. ft 0. !B7. sums in which his sister was not interested. By the same will the trustees were directed to purchase land sufficient to produce a certain income, the whole amount of which the testator directed to be applied in charity. The rents having increased,- Held, that the whole income of the farm was not given to charity. Held, also, that the corporation was not entitled to the whole surplus, but that the charity was entitled to 40-47ths, and to have all necessary ordinary expenses of taxes, repairs and costs of management paid out of the remaining 7-47ths; and that, subject thereto, the 7-47ths belonged to the corporation beneficially. Semble, that it is the duty of an appellate jurisdiction to leave undisturbed a decision in which it is not thoroughly persuaded that there is error. Where the Court sees clearly the intention of the founder of a charity, no argument founded on length of time can prevail against it. This was the appeal of the Defendants, the Corporation of Beverley, from a decree of the Master of the Rolls on an information seeking to have carried into effect certain charitable gifts contained in the will of Dr. Metcalfe, dated in 1052, and a codicil thereto. The case is reported below in the 15th Volume of Mr. Beavan's Reports (page 540). The material parts of the will were the following:- "Whereas I have purchased a messuage or farme [257] called or knowne by ye name of Silliards situate lying and being in Gilden Murden in ye County of Cambridge with one hundred and one acres of arable land and seven acres and an halfe of pasture and all other the appurtenances thereto belonging (now in ye occupation of John Cooper) as they are more fully specified in an Indenture of Bargaine and Sale to mee my heires or assignes for ever bearing date ye eight day of October in ye yeare of our Lorde God according to the computation of the Church of England one thousand six hundred and fifty-one for yB purchase of w011 saide farme I paid the iust and full sume of eight hundred and forty pounds as is acknowledged in the said Indenture besides other necessary charges it yielding the yearely rent of forty and seven pounds I doe give and bequeath the said farme called Silliards w11* all ye said lands and appurtenances thereto belonging to ye Maiour Aldermen and Burgesses of the Towne of Beverlay in Yorkshire wherein I was borne and to their successors for ever nevertheless in and w* this trust and confidence in them reposed y' they their successors and assignes shall employ ye yearely rent of the said farme with ye lands and appurtenances in manner and forme following and not. otherwise namely y' they shall well arid truly pay or cause to be paid yearely and every yeare for ever unto ye preacher (as he is commonly called) or lecturer of ye said Towne of Beverlay and his successors ye sum of ten pounds of good and lawful money of England and to ye schoolemaster of ye said Towne and to his successors in like manner ye sum of ten pounds of good and lawful money of England and to my sister Prudence Metcalfe now dwelling in the said Towne of Beverlay during her naturall life ye sum of twenty poundes of good and lawfull money of England yearely and every yeare And after ye decease of ray said sister Prudence Metcalfe y' they shall well & truly pay [258] or cause to be paid the said twenty pounds yearely and every yeare for ever unto three poore scholars of the Schoole of Beverlay (comonly called y6 Free Schoole) naturally borne in ye said Towne for their better maintenance at the University of Cambridge viz' to every one of the three poore scholars the sume of six pounds thirteen shillings & fourepence y said three poore scholars to be appointed and approved from tyme to tyme by ye said Maiour Aldermen & Burgesses and their successors and ye lecturer & ye schoolmaster of ye said towne & their successors And ye said maintenance to be continued to every of ye said poore scholars untill y8 tyme that they have taken ye degree of Master of Arts if they so long continue students in ye University And upon condition that they take ye said degree at ye due tyme within eight yearea after their admission into ye Universitie But if there be not allwaies three poore scholars at the University of Camb or ready to goe to the University who shall stande in need of that maintenance & be poore men's sons who are not able otherwise to maintaine their children there (for my will is that no son of any of the 8DEO. M. &0. M9. ATT.-QEN. V. CORPOBATION OF BEVERLEY 1233 Aldermen or of any other who are of sufficient ability to maintaine their children at the University shal be capable of that maintenance) then I ordaine that in ye interim til) there shal be such poore scholar or scholars poore men's sons what can be spared of the said twenty poundes (no poore scholare having above six poundes thirteen shillings & foure pence yearely) shal be distributed amongst ye poorest people of ye said towne together with ye money wch in this my will I shall hereafter mention Moreover my will and desire is that so long as ye taxes or rates to ye commonwealth for ye maintenance of souldiers shall continue what ye said Maiour Aldermen and Burgesses cannot spare out of ye overplus of rent viz' seven poundes (for ye farme is now as was formerly signified lett for forty [259] seven pounds per annum and so hath been lett heretofore) shal be deducted equally out of ye twenty poundes per annum wdl they are to pay to their lecturer and suhoolemaster That my sister may have twenty pounds yearely & every yeare wholy and intirely paid unto her " " I give and bequeath unto ye Towne of Burwell in ye County of Cambridge whereof I was Vicar ye sume of thirty & two poundes & ten shillings therewith to purchase so much land as will yield yearly & every yeare for ever ye sum of thirty shillings Neverthelesse in & with this trust & confidence in them reposed that they & their successors shall by their assigne or assignes distribute ye said yearly rent of thirty shillings yearely every yeare for ever amongst ye poorest people of ye said Towne upon the twentieth day of December or upon the day before or after as shal be thought convenient And my will is that ye said purchase be made wthin one yeare at ye furthest after ye said money shall be payd unto them by my executor" "I give and bequeath to ye Maiour Aldermen & Burgesses of ye Towne of Beverlay aforesaid in Yorkshire & to their successors ye sume of foure hundred & fifty poundes for ye purchasing of so much free land as will yield yearely & every yeare the rent of twenty & two poundes & tenu shillings Neverthelesse in and with this trust and confidence reposed in them yl they & their successors by their assigne or assignes shall distribute twenty poundes of the saide rent yearely &...
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