Attorney General v Vivian
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1825 |
| Date | 01 January 1825 |
| Court | High Court of Chancery |
English Reports Citation: 38 E.R. 88
HIGH COURT OF CHANCERY
[226] The attorney-general v. vivian. Bolls. Nov. 1825 ; Aug. J, 182(1. Lands are devised to the parson and churchwardens of the parish church of A. and their successors, to the intent that the rents, after certain charges are defrayed, may go to the use of that parish church, at the discretion of the parson and churchwardens, and their successors. After the fire of London, the parish of A. is united with the adjacent parish of F., and the parish church of A. becomes the parish church of the united parishes of A. and F.-The parishioners of F. have no right to have any part of the rents applied in ease of that proportion of the expenses of maintaining and repairing the church of the. united parishes, which it falls upon them to defray. Where lands are given to the use of a parish church, it is not prima facie a due application of the charity to mix up the rents with the produce of parochial rates, so as to form a general fund, out of which the. repairs of thn church and other parochial expenses are defrayed. The crown is entitled to any payment directed, before the L'.'Sd Hen. VI] 1., to be made for a superstitious use, out of the rents of lands. A relator need not have any interest in the due administration of a charity. Where a record is both an information and a bill, and the whole of the relief .specifically prayed is in respect of an alleged interest of the relator in the, trust property, the ('ourt, it it sees that there is any occasion for regulation in the management of the charity, will not dismiss the. information, even though the claim of interest on the part of the relators is so groundless, that their bill is dismissed with costs. John Burton, by an instrument tripartite, bearing date on the 8th of January 1503, and purporting to be his last will as to the disposition of certain lands and tenements in Watling Street, of which he was seised in fee, but towards the purchase of which Maude, the widow of Robert Frosdeyn, had contributed £'20 out of her own goods and her husband's, devised in the following words : " I, the said Jo)m Burton, being so sole seised in my demesne as iti fee, as is aforesaid, for the health of the souls of the said Robert, and Maude his wife, their childrens' souls, and my soul, and all Christian souls, give and bequeath, by this my last will to Mr. John Lyche-felde, Doctor of Law, parson of the parish church of Saint Austen, William Baty-ford, and Nicholas Skynner, churchwardens, of the goods, ornaments, and rents of the same parish church of Saint Austen, and to the parson and churchwardens of the said parish church of Saint Au-sten for the time being, all the aforesaid lands and tenements, and other the premises, with the appurtenances, to have and to hold the said lands and teno-[227]~ments, with the appurtenances, to the aforesaid parson and churchwardens of the aforesaid parish church of tiaint Austen, and to their successors, parson and churchwardens of the said parish church for the time being for evermore, of the chief lords of the fee by service thereof due and of right accustomed, therewith to perform this my last will under written ; that is to say : C will that the aforesaid parson and churchwardens, and their successor, parson and churchwardens of the said parish of Saint Austen for the time being, for evermore, of the rents, profits, and revenues coming of the said lands and tenements, shall do, find, support, and maintain for evermore, a taper of wax of a pound weight, 1BTTSS. 228. THE ATTORNEY-GENERAL V. VIVIAN 89 to stand and burn before the image of our Lady, in the chancel of the said parish church at all divine service to be done and said within the same parish church in the honour of God, our Lady, and all saints ; and that the same taper to be supported and maintained, and also to burn at all divine service within the said parish church, in like manner and form as the aforesaid Maude Frosdeyn hath caused the same light there to be found since the time of the decease of the said Robert Frosdeyn, late her said husband. And I will that the residue of the issues, profits, and revenues, coming of all the said lands and tenements, go to the supportation and maintaining of the reparations of the said lands and tenements, and to the use of the said parish church, at the discretion of the said parson and churchwardens, and of their successors, parson and churchwardens of the same parish church of Saint Austen for the time being, for evermore. Also, I will and order by this my last will, that, as often and when as the said parson and churchwardens, and their successors, parson and churchwardens for the time being, shall default in finding, supporting, and maintaining of the said taper by the space of a month, contrary to the tenure, form, and effect above declared and [228] expressed, then and so often the said parson and churcliwardens of the said parish church, and their successors, parson and churchwardens of the same parish church for the time being, shall content and pay, or do to be paid, of the issues, profits and revenues coming and growing of the same lands and tenements, with the appurtenances, to Mr. Nicolas Halswell, parson of the parish church...
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