Attorney General v The Earl of Craven
| Jurisdiction | England & Wales |
| Judgment Date | 11 February 1856 |
| Date | 11 February 1856 |
| Court | High Court of Chancery |
English Reports Citation: 52 E.R. 910
ROLLS COURT
S. C. 25 L. J. Ch. 291; 2 Jur. (N. S.) 296. See Chamberlayne v. Brockett, 1872, L. R. 8 Ch. 210.
[392] the attorney-general v. the earl of craven. Feb. 7, 8, 11, 185(i. [S. C. 25 L. J. Ch. 291; 2 Jur. (N. S.) 296. See Chmnberlayne v. Swckett, 1872, L. R. 8 Ch. 210.] When lands are given to charity purposes on the happening of a particular event, there is a resulting trust in the meanwhile; but where real estate was vested in A. in trust, out of the rents, to keep it ready for the reception of plague patients aBBAV.S93. ATTOBNEY-GENEBAL V. EARL OP CBAVEN 911 during their sickness but no longer, and for a burying-place for them, and for no other use, &c., it was held, first, that this was a present gift to charitable purposes, and not merely a gift contingent upon the reappearance of the plague ; and, secondly, that there was no resulting trust in the meanwhile for the donor or his. heirs, though the plague had not reappeared for more than 180 years. In taking an account of rents with which a Defendant is charged by the decree, any allowance for lasting improvements can only be co-extensive with the period of accounting. By an indenture, dated 7th December 1687, the Earl of Craven, calling to mind the sad and lamentable visitation of Almighty God upon the kingdom, but more especially upon the Cities of London and Westminster, in the year 1665 and 1666, by the pestilence and great mortality, and the great necessity that there was for providing a pest house for the sick, and burying-place for the dead, and having then, for the said purposes, hired and since purchased a field, called the Pest House Field, situate in the parish of St. Martin's-in-the-Fields, and containing about three acres, conveyed the same to Sir William Craven and his heirs, to the use of the Earl of Craven for life, without impeachment of waste, remainder to the use of Sir W. Craven and his heirs, "in trust, out of the rents, issues and profits thereof, to maintain, support and keep, in good and tenantable repair, the houses and buildings in and upon the said field erected and being, and the walls and fences thereof, and the same, so supported, preserved and maintained, for the relief, support, comfort, use and convenience of such of the poor inhabitants of the parishes of St. Clement's, Danes, St. Martin's-in-the Fields, St. James, Westminster, and St. Paul's, Covent Garden, as should thereafter, at any time, happen to be visited with the plague, as a pest house or a place set apart for their relief, and for severing them from the well [393] and uninfected, for their use and relief, during their sickness and until their recovery and no longer, and for a burying-place for the dead of the said parishes dying of such sickness, and to and for no other use, intent or purpose whatsoever; and also, from time to time for ever hereafter, for and during such times as the said parish, or any of them, should be visited with the plague, permit and suffer the churchwardens and overseers of the poor of the said parishes and of each of them, for the time being, to apply and convert the premises and all the buildings then erected, or which should thereafter be erected upon the same, to the use of such poor inhabitants as should be infected as aforesaid, and for a burying-plaee for such as should die infected as aforesaid, but subject always to the government, oversight and direction of the said Sir William Craven, his heirs and assigns, for the ends aforesaid." The Pest House Field was never required for the use of persons visited with the plague, or for the burial of persons dying thereof, and after the death of the grantor, down to the year 1732, it continued to be enjoyed by the owners of the Craven estate, as part thereof. But in 1732, buildings having been erected on the ground, and rents received in respect thereof, the four parishes interested applied to the Court of Chancery for an injunction, to restrain the erection thereon of any buildings, in the shape of dwelling-houses, shops or the like, and insisting on the ground being preserved in its original state. Thereupon, a compromise was entered into in 1734, and an Act of Parliament (7 Geo. 2, c. ii.) obtained, intituled "An Act for Discharging a Certain Piece of Ground called the Pest House Field from certain Charitable Trusts, and for Settling Another Piece of Ground of Equal [394] Extent, and in a more Convenient Place, upon the Same Trusts," was passed, for carrying the same into effect. This Act recited, among other things, the deed of 1687, that there had been no occasion for a pest house or burying-ground, that the land and grounds adjoining the field were then built into tenements, generally inhabited by persons of quality, to whom a pest house, if the plague should break out, would be a great annoyance, that if the field should continue as it then was, partly unbuilt, it would be a nuisance to the neighbourhood, and that William third Baron Craven had contracted for the purchase of certain lands in the parish of Paddington, consisting in part of two messuages called Byard's Watering Place (now Bayswater), and three acres of ground adjoining the same; and also recited that " William third Baron Craven was willing and desirous that part of the land 912 ATTORNEY-GENERAL V. EARL OF CRAVEN 21BEAV.S95. and premises, so contracted for, should be settled and assured for the charitable uses mentioned in the said conveyance of the 7th day of December 1687, upon the condition that the Pest House Field should be vested in him, discharged of all the trusts of the first recited conveyance, and had proposed to the respective churchwardens and overseers of the poor of the several parishes intended to be assisted and relieved by the said charity, to set out, assign and allot part of the premises in the parish of Paddirtgton aforesaid, of equal dimensions with and of a more convenient situation than the said Pest House Field for that purpose, and the said churchwardens and overseers accepted the said proposal, and were desirous that the same might be put into execution, but as the Pest House Field could not be vested in William third Baron Craven discharged of the trusts of the first recited indenture of release," without An Act of Parliament, it was thereby enacted that Byard's Watering Place and adjoining lands should be vested in "Fiilwar [395] Craven and William Craven, their heirs and assigns for ever, upon the trusts and to and for the ends, intents and purposes thereinafter mentioned, expressed and declared of and concerning the aame, and to and for no other use, intent or purpose whatsoever." And it was thereby enacted and declared that Fulwar Craven and William Craven, and their heirs, should stand and be seised of and in the premises thereby vested in them as aforesaid, " upon trust to permit the said William, third Baron Craven, and his heirs, at his and their own costs and charges, to erect and build, upon some convenient part of the premises, one or more good substantial brick messuage or messuages, tenement or tenements, of as great dimensions, and to consist of as many apartments, rooms and offices as were delineated and described in a plan agreed on for that purpose, and signed by the said William third Baron Craven, and all or the major part of the churchwardens and overseers of the poor for the time being of each of the said parishes of St. Clement's, Danes, St. Martin's-in-the-Fields, St. James, Westminster, and St...
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