Baker v Sutton
| Jurisdiction | England & Wales |
| Judgment Date | 07 May 1836 |
| Date | 07 May 1836 |
| Court | High Court of Chancery |
English Reports Citation: 48 E.R. 292
ROLLS COURT.
S. C. 5 L. J. Ch. (N. S), 264. This case is overruled if, and so far as, it differs from Lewis v. Allenby, 1870, L. R. 10 Eq. 668, In re Piercy [1898], 1 Ch. 565.
[224] baker v. sutton. May 2, 6, 7, 1836. [S. C. 5 L. J. Ch. (N. S), 264. This case is overruled if, and so far as, it differs from Lewis v. Allenby, 1870, L. R. 10 Eq. 668, In re Picrcy [1898], 1 Ch. 565.] A bequest of the residue of personal estate for such religious and charitable institutions and purposes within the kingdom of England, as in the opinion of the testator's trustees should be deemed fit and proper, is a good charitable bequest. A bequest of money, directed to be laid out on mortgage security, at the highest interest that could be legally and safely obtained for the same, held to be void under the Mortmain Act. Henry Stocking, by his will, dated the 18th of May 1825, after directing his executors to place out at interest, during the life of Frances Jarvis, the sum of 1500, on such security as they should approve in the public funds, the dividends to be paid to the said Frances Jarvis during her life, and that after her decease, the said sum of 1500 should sink into the residue of his personal estate, and be applied in like manner as such residue, and after giving some pecuniary legacies, gave and bequeathed to the Defendants, Charles Sutton, Henry North, Samuel Stone, and Samuel Cross, the sum of 6200, to be paid out of his personal estate within twelve calendar months next after his decease, free of legacy duty, in trust to place and continue the said sum of 6200 at the highest interest they could legally and safely obtain for the same, on such mortgage security as they or the major part of them should approve of, and to receive the interest, dividends, and produce of the said sum of 6200, and to pay and apply the same to the persons, at the time and in the manner, and for the several intents and purposes, in favour of the poor of Hunstanton and parishes adjacent, and for the other purposes thereinafter particularly mentioned ; that was, in the first place, by and out of the interest and produce aforesaid, to satisfy and pay all expenses, costs, and charges incurred in execution of the trust thereby in them reposed ; and, in the next place, to pay, whenever it should be necessary, the expenses of repairing, resetting, and renewing the tombs directed in that his will to be erected to the memory of his parents and himself, and the north slab or tablet which [225] he had directed to be fixed in the church of Hunstanton, with an inscription to perpetuate the remembrance of the bequests made in his will; and also, in the week before Christmas, yearly, to pay or cause to be paid to the minister, churchwarden, and overseers of the said parish of Hunstanton, the sum of 10. [The testator proceeded to make similar bequests to the minister, churchwardens, and overseers of several other parishes, and to direct that the whole of such bequests should be distributed for the benefit of the poor of the different parishes, at the discretion of such minister, churchwardens, and overseers respectively.] The remainder of the produce of the said premises he directed the trustees for the time being to account for and pay annually, in the week preceding Christmas, unto the minister, churchwardens,. 1 KEEN 326. BAKER V. SUTTON 293 and overseers of the parish of Hunstanton, to be by them, or the major part of them, applied in manner following; that is to say, to the minister of Hunstanton the sum of 20s. yearly, on Christmas day, provided he should read such part of the testator's will as related to his bequests to the poor, and preach a sermon on the occasion, at which sermon the testator declared he expected the objects of his charity would attend, and that such as should not, without sufficient excuse, should forfeit such part of his bounty as to the said minister, churchwardens and overseers, or the major part of them, should aeem meet and proper; and to the parish clerk of the pariah of Hunstanton, on Christmas day yearly, the sum of 3s., for overseeing and cleaning the said tombs and tablets, and giving information when the same or any of them were out of repair. And to the minister of the parish of Holme for the time being...
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