Attorney General v The Governors of the free grammar school of Queen Elizabeth in Dedham Attorney General v Ellis. Attorney General v Grignon. in the Matters of the 52 Geo. 3, c. 101, The Charitable Trusts Act, 1853, and of the several specified Charities

JurisdictionEngland & Wales
Judgment Date30 January 1857
Date30 January 1857
CourtHigh Court of Chancery

English Reports Citation: 53 E.R. 138

ROLLS COURT

The Attorney-General
and
The Governors of the free grammar school of Queen Elizabeth in Dedham. The Attorney-General v. Ellis. The Attorney-General v. Grignon. In the Matters of the 52 Geo. 3, c. 101, The Charitable Trusts Act, 1853, and of the several specified Charities

S. C. 26 L. J. Ch. 497; 3 Jur. (N. S.) 325; 5 W. R. 395.

138 ATTORNEY-GENERAL V. THE DEDHAM SCHOOL 23BBAV.3M. [380] the attorney-general v. the governors of the free grammar school of queen elizabeth in dedham. the attorney-general v. ellis. the attorney-general v. grignon. (In the Matters of the 52 Geo. 3, c. 101, The Charitable Trusts Act, 1853, and of the several specified Charities.) Jan. 30, 1857. [S. C. 26 L. J. Ch. 497; 3 Jur. (N. S.) 325; 5 W. R. 395.] In charity cases, where there is a visitor, this Court will not interfere with the visitatorial power, as to internal regulations and management, unless there be a breach of trust. Where the Crown is the founder, the King is the visitor, and the Court does not interfere as to the internal regulations and management, but where the charity is founded by a private individual, and no visitor is appointed, and the Crown, by Royal charter, has incorporated the governors, and authorized them to make rules, this Court will interfere, if the existing rules do not carry into effect the views and wishes of the founder, and, to further the founder's intention, it directs a scheme, rendered necessary by the altered state of circumstances and the progress of civilization. A grammar school, previously founded, was endowed in 1571, and the governors were, in 1577, incorporated by Royal charter, giving them powers to make rules and elect governors. Afterwards, various other charitable gifts were made to the governors connected with the school. Held, that, though improper conduct was not even alleged against the governors, this was a proper case for a scheme, for the purpose of putting the whole under one uniform system of management. Previous to 1571, a schoolhouse was given to Dedham School by Dame Clarke. The school was afterwards endowed by William Littlebury, who, by his will, devised a messuage, called Ragmarsh, to trustees, upon uses declared as follows :-" Whereas the township of Dedham hath a fair schoolhouse builded, with a house joined to the same, meet for a schoolmaster to dwell in, given by one Dame Joan Clarke to that use, and no living pertaining to the same, I will, give and bequeath the yearly rents and profits of the aforesaid messuage, called Ragmarsh," &c., situate, &c., of the yearly value of £20, to be bestowed yearly on one schoolmaster, such a one as hath [351] taken degree in the university, as shall be thought meet to teach the grammar school and writing school, and that freely for ever, after this order following:-Item, I will that the said master, for his yearly stipend of £20, shall teach the grammar school and to write twenty of the poorest men's children of Dedham, &c., until fit " to go to further schools, as the Universities of Oxford and Cambridge." He then gave further directions and powers to his executors and assigns, and...

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7 cases
  • Dr Marko Lehtimäki v The Children's Investment Fund Foundation (UK)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 6 July 2018
    ...the case does not assist on the extent of the Court's powers absent a breach of duty. 60 Mr Mullen relied, too, on Attorney General v Dedham School (1857) 23 Beav 350. That case, however, involved an order for a scheme and so is not in point here. Nor, for similar reasons, is In re Royal So......
  • Children's Investment Fund Foundation (UK) v Attorney General and Others
    • United Kingdom
    • Supreme Court
    • 1 January 2020
    ...of the court was not ousted where the charity obtained a charter subsequent to its founding (Attorney General v Dedham School (1857) 23 Beav 350) or if the charity established by a charter had been translated from land to money following the compulsory acquisition of its property (Clephane ......
  • Thomas v University of Bradford
    • United Kingdom
    • House of Lords
    • 26 February 1987
    ...(or such other person as he may advise Her Majesty to nominate), on behalf of the Crown: see Attorney General v. Dedham School (1857) 23 Beav. 350 and the judgment of Sir Robert Megarry V.-C. in Patel v. Bradford University Senate [1978] 1 W.L.R. 19It has been conceded by the respondent th......
  • Fielding v Houison Tovey v Houison
    • Australia
    • High Court
    • Invalid date
  • Request a trial to view additional results

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