Attorney General v Todd
| Jurisdiction | England & Wales |
| Judgment Date | 10 April 1837 |
| Date | 10 April 1837 |
| Court | High Court of Chancery |
English Reports Citation: 48 E.R. 516
ROLLS COURT
S. C. 6 L. J. Ch. (N. S.), 205.
[803] the attorney-general v. todd. Feb. 17, 1836; April 10, 1837. [S. C. 6 L. J. Ch. (N. S.), 205.] A testatrix by her will, dated in the year 1680, gave to C. and his heirs a rent charge issuing out of the lands therein described, and subject to the rent charge, she gave the lands to W. and his heirs; and by a paper of instructions, reciting, that from the malignancy of the times she could not declare the uses to whicli she intended the rent charge to be disposed, she gave the same to C. and his heirs upon the trusts thereinafter mentioned; and she requested and desired W. that a particular estate therein mentioned should always be let to farm to some deserving Catholic, qualified to entertain a priest for the help of poor Catholics, in the parishes therein specified ; and she desired that a Dominican or Franciscan priest, if a priest of such order could be conveniently had, should be kept at the particular estate, and she gave £20 per annum out of the rent charge for the maintenance of such priest. The information was filed before the passing of the Act 2 & 3 W. 4, c 115. Held, that the direction in the paper of instructions was illegal and void, but given 1KEHN8M. ATTOBNEY-GENERAL V. TODD 517 for a charitable purpose, and applicable therefore cyprfa to a charitable purpose, to be determined by the sign manual of the Crown. Ursula Mountney by her will, dated the 16th of July 1680, gave to Ralph Clavering and his heirs, an annuity or rent charge of £32 issuing out of her lands therein described, and subject to the annuity, she gave the lands to William Lord Widdrington and his heirs. By a paper of instructions, dated the 21at of August 1680, after reciting the gift of the rent charge, she proceeded as follows :-" Whereas, by reason of the malignancy of the times, I could not, by my last will, declare the use or uses to which I intended the said sum of £32 per annum should be disposed, I did therefore give and bequeath the same to the said Ralph Clavering and his heirs; yet, nevertheless, my said devise was and is, and I do hereby declare the same to be upon special trust, and to the intent and purpose only, that the money arising and growing due and payable by virtue of the rent charge granted to Ralph Clavering and his heirs, by my said last will and testament, shall be disposed of as by this my writing under my hand and seal, I shall hereafter nominate and appoint. Imprimis, I do request and desire my honourable friend and kinsman, William Lord Widdrington, that Stonecroft Nunbush with the ap-[804]-purtenances may always be let to farm to some deserving Catholic, qualified to entertain a priest for the help of poor Catholics in Hexham and Warden parishes, and other places near adjacent. And whereas my dear brother, Mr. John Widdrington, late deceased, did, by his last will, order and appoint that a Dominican or Franciscan priest should be kept at Stonecroft, I do hereby order and desire that the same may be performed accordingly, if a priest of any such order can be conveniently had. And I do give £20 per annum to the priest that shall serve at Stonecroft for his maintenance, to be paid yearly out of the aforesaid rent charge of £32 per annum, at such feasts and days of payment as the same shall become due and payable by virtue of my said will. And for the residue of the aforesaid sum of £32 per annum, I do hereby order the same to be disposed of as followeth; namely, I do give £3 a year to the poor of Warden parish ; £3 a year to the poor of Hexham parish; 40s. a year to the poor of Chollerton parish ; 20s. a year to the poor of St. John Lee parish ; 20s. a year to the poor of Corbridge parish, to be paid yearly and for ever at such feasts or days as by my trustees hereinafter nominated and appointed to receive the same shall be thought fit and convenient. And I do give 40s. a year for ever unto such person or persons as shall be employed to receive and distribute the £10 a year to the poor of the several parishes above mentioned, for their labour and expenses in and about the receiving and distributing thereof." In the year 1693 William Lord Widdrington...
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