Bourne v Keane

JurisdictionEngland & Wales
CourtHouse of Lords
Judgment Date03 Jun 1919
Judgment citation (vLex)[1919] UKHL J0603-1

[1919] UKHL J0603-1

House of Lords

Bourne and Another
and
Keane and Others, (Ex Parte as to the Rev. J. A. O'Reilly).
1

After hearing Counsel, as well on Friday the 21st, Monday the 24th, Tuesday the 25th and Thursday the 27th, days of March, as on Wednesday the 14th day of May, last, upon the Petition and Appeal of His Eminence Francis, Cardinal Bourne, of Archbishop's House, in the City of Westminster, and the Reverend Terence Donnelly, of the Presbytery, Farm Street, Berkeley Square, in the same City, praying, That the matter of the Order set forth in the Schedule thereto, namely, an Order of His Majesty's Court of Appeal of the 22d of July 1918, might be reviewed before His Majesty the King, in His Court of Parliament, and that the said Order might be reversed, varied, or altered, or that the Petitioners might have such other relief in the premises as to His Majesty the King, in His Court of Parliament, might seem meet; as also upon the printed case of Catherine Broderick, James Keane, and Thomas Cowperthwaite, lodged in answer to the said Appeal (which said Appeal was, in pursuance of an Order of this House, of the 18th day of March last, heard ex parte as to the Reverend James Alphonsus O'Reilly, he not having lodged a printed case in answer to the said Appeal, though ordered so to do); and due consideration had this day of what was offered on either side in this cause:

2

It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in the Court of Parliament of His Majesty the King assembled, That the said Order of His Majesty's Court of Appeal, of the 22d day of July 1918, complained of in the said Appeal, be, and the same is hereby, Reversed: And that the Order of the Chancery Division of the High Court of Justice (Mr. Justice Eve), of the 4th day of June 1918, be Discharged, so far as it declares that the gifts for Masses, given by the will of the Testator to (1) the Westminster Cathedral, (2) The Jesuit Fathers and (3) the Dominican Fathers, and also the gift thereby given of what money remains after all expenses to the Jesuit Fathers for Masses, are void and fall into the Testator's residuary Estate, and so far as it...

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