Baldwin v Baldwin
| Jurisdiction | England & Wales |
| Judgment Date | 24 July 1856 |
| Date | 24 July 1856 |
| Court | High Court of Chancery |
English Reports Citation: 52 E.R. 1167
ROLLS COURT
S. C. 26 L. J. Ch. 121; 2 Jur. (N. S.) 773; 4 W. R. 774.
[413] baldwin v. baldwin (No. 1). July 4, 5, 1856. ' [S. C. 26 L. J. Ch. 121 ; 2 Jur. (N. S.) 773 ; 4 W. R. 774.] A testator gave 4000 to his executors upon trust, with the concurrence of his sister, to settle it by deed, on trust to provide " stipends and annuities" for indigent persons, not exceeding nine. The deed was also to regulate the management, &c., of the " institution." He also devised nine freehold houses to his sister, suggesting to her, but without imposing any obligation, "legal, equitable or moral," that they might be converted into altnshouses for the recipients of the income of the legacy. By a codicil, he revoked such parts of his will, " as related to the building of certain almshouses " (there was none), and released his executors " from carrying out the same and the stipends and annuities connected therewith." Held, first, that the charitable gift was valid ; and, secondly, that it had been revoked by the codicil. By his will, dated the 25th of May 1854, the testator, William Baldwin, devised nine freehold houses in Shropshire Row, Bilston, to his sister Apolonia Baldwin, in fee. He also bequeathed .4000 to his executors, payable out of such part of his personal estate as was, by law, capable of being bequeathed to charitable purposes, and declared that it should be held in trust that his trustees should, " by a proper deed and declaration of trust," with the concurrence of his sister, if living, settle it as follows:-" Upon such trusts as shall, to the said trustees or trustee, seem most expedient and best calculated to effect my desire and general object, that the annual income of the said sum of 4000 and the investments thereof should be, from time to time, applied to provide stipends or annuities, of such amount as such income shall, for the time being, be adequate to produce for any number, not exceeding nine at any one time, of elderly persons of both sexes, and who shall, through misfortune, be in indigent or greatly reduced circumstances, and shall, in other respects, be worthy objects of charity. And I direct that in such deed or declaration of trust shall be contained such trusts, provisions, rules and regulations, concerning the said trust LI 68 BALDWIN V. BALDWIN 22 BBAV. 414. fund and the annual income thereof, and the application thereof, from time to time, and the management and [414] mode of conducting such institution, from time to time, as shall, in the judgment of the said trustees or trustee for the time being, and with such concurrence of my said sister, if she shall be then living, be best adapted to carry into effect and preserve, in the most beneficial and efficient manner, the said general abject and intention hereinbefore specified, and to define and ascertain the precise and best mode of carrying the same into practical operation, with such modifications only, from time to time, as the change of circumstances may render expedient, and expressly including such schemes, orders, rules and regulations, as shall be deemed advisable, for preventing or repressing by forfeiture, suspension and uther means, any abuse of the said institution and any misconduct in the parties enjoying the benefit thereof, and for regulating the age or respective ages and other conditions, at and upon which such persons shall be admitted thereto, and shall continue to enjoy the benefits thereof, and the mode of admission and of the investment of the capital of the trust fund, and the nomination, duties and rights of the trustees for the time being thereof, and the number of such trustees, and generally, for the regulation and adjustment of every question, matter and thing connected with the said institution." The testator, in a subsequent part of his will, expressed himself as follows :- " And I beg to point out to my said sister, but without intending to impose upon her any obligation, legal, equitable, or moral, that the aforesaid messuages and hereditaments in Shropshire Row, Bilston, which are hereinbefore devised to her, might be converted into eligible almshouses for the recipients of the income of the said trust fund of 4000, if, in her absolute discretion, she should think fit to extend or further endow the said intended institution." [415] The testator made his brother, Martin Baldwin, residuary legatee and devisee. On the 13th of June 1854 the testator made a codicil, which waa as follows :-"I, William Baldwin, of The Ellowes, in the parish of Sedgley, do hereby make and confirm this as a codicil to my last will and testament, bearing date the 25th day of May 1854, and which said will I hereby confirm in all respects save and except such part or parts thereof as relate to the building of certain almshouses, which said part I hereby revoke, and desire that my executors may be released from carrying out the same and the stipends and annuities connected therewith." The testator died in July 18S4. Mr. Bird, for the Plaintiffs, the trustees. Mr. R. Palmer and Mr. Druce, for Martin Baldwin. First, the bequest of the legacy of 4000 for charitable purposes is void under the Statute of Mortmain, the real object of the testator plainly being to bring land into mortmain; Trye v. The Corporation of Gloucester (14 Beav. 173); PhUpott v. St. George's Hospital (21 Beav. 134). The testator's intention is evident, he devises nine messuages to his sister, and points out to her his wish and desire that they shall be appropriated to hia nine almspeople. Besides this, he applies to his charity the word "institution," which shews that the testator intended, though by indirect means, to found a charity of a permanent character attached to land ; this is contrary to the policy of the law. Secondly, that the gift was wholly revoked by the codicil. [416] Mr. 0. M. Roupell, in the same interest. Mr. Wickens, for the Attorney-General. The bequest of 4000 sterling, payable out of the pure personalty, is a perfectly valid charitable gift. It is to operate quite independent of any land being brought into mortmain, and the stipends must be paid at all events, and though no residences be provided for the poor objects of the testator's bounty. The testator imposes no...
To continue reading
Request your trial
-
Fisher v Brierly
...school, the gift must be supported ; [653] Edwardx v. Hall (6 De G. M. & G. 74); AUwney-denwal v. Mill (3 Rus.s. 338): Baldwin v. Baldwin (22 Beav. 413). Philpot v. St. (ftori/e* Hospital (6 House of Lords Cases, 338), shews that if the land was effectually given, the bequest of money to be......
-
Kellett v Kellett
...L. C. 129. Wollaston's SettlementENR 27 Beav. 642. Archer v. JegonENR 8 Sim. 448. Edgington's TrustsENR 3 Drew. 202. Baldwin v. BaldwinENR 22 Beav. 413. In Re Jessop's EstateUNK 11 Ir. Ch. 424. Keates v. Burton 14 Ves. 434. Calthorpe v. GoughUNK 3 B. C. C. 395. Doe v. Brabant Ibid. 393. Tar......
-
Wallace v Seymour
...631. Hall v. WarrenENR 9 H. L. C. 421. Chambers v. BrailsfordENR 3 Mer. 25. Ranfield v. RanfieldENR 8 H. L. C. 225. Baldwin v. BaldwinENR 22 Beav. 413. Fitzgerald, Westropp 3 I. Jur. N. S. 395. Chambers v. Brailsford 18 Ves. at p. 374. Hogan v. Jackson Cowp. 299. Hardwicke v. Douglas 7 Cl. ......
-
Wallace v Seymour
...H. L. 100. Read v. Backhouse 2 R. & M. 554. Randfield v. RandfieldENR 8 H. L. C. 238. Pilcher v. HoleENR 7 Sim. 208. Baldwin v. BaldwinENR 22 Beav. 413. Hearle v. HicksENR 8 Bing. 480; 1 Cl. & F. 470. Hall v. WarrenENR 9 H. L. C. 428. Fry v. FryUNK 9 Jur. 894. Lord Hardwicke v. Douglas 7 Cl......