Clark v Taylor
| Jurisdiction | England & Wales |
| Judgment Date | 07 July 1853 |
| Date | 07 July 1853 |
| Court | High Court of Chancery |
English Reports Citation: 61 E.R. 596
HIGH COURT OF CHANCERY
See Fisk v. Attorney-General, 1867, L. R. 4 Eq. 528; In re Maguire, 1870, L. R. 9 Eq. 635. Followed, In re Ovey, 1885, 29 Ch. D. 564. Considered, In re Slevin [1891], 1 Ch. 373; [1891], 2 Ch. 236. Followed, In re Rymer [1895], 1 Ch. 19. See In re Davis [1902], 1 Ch. 881.
Will. Construction. Charitable Gift, Cy pres.
[642] clark v. taylor. July 7, 1853. [See Fisk v. Attorney-General, 1867, L. E. 4 Eq. 528; In re Maguire, 1870, L. E. 9 Eq. 635. Followed, In re Ovey, 1885, 29 Ch. D. 564. Considered, In re Slevin [1891], 1 Ch. 373; [1891], 2 Ch. 236. Followed, In re Bymer [1895], 1 Ch. 19. See In re Davis [1902], 1 Ch. 8.81.] Will. Construction. Charitable Gift, Cy pres. A gift by will to a particular charitable institution maintained voluntarily by private means. The particular institution had ceased. Held, that the gift was not to be disposed of as a charitable gift ey pres, but failed, and fell into the residue. This cause was heard on a motion for a decree. The only material question arose upon the will of James Baylis, the testator in the cause, which contained the following gift: "And I give to the treasurer for the time being of the Female Orphan School in Greenwich aforesaid, patronized by Mrs. Enderby, the sum of £50 for the benefit of that charity." It appeared by the evidence that Mrs. Enderby named in the will 1 DKEWKT, 643; CLABK. V. TAYLOR 597 was a lady of fortune, who had been in the habit, for many years previous to and after the year 1839, of spending her own money in the education and maintenance of several female children, sometimes in one house, sometimes in another, in Greenwich, . which she rented at her own expense, sometimes at her own house. Mrs. Enderby for a portion of the period had a board put ip in front of the house in which she carried on the education of the female children with the words "Orphan Girls' School," or "Female Orphan School," or some such words painted on it. There never was any trust, or deed of endowment, or any treasurer; the school being simply a school voluntarily kept up by Mrs. Enderby at her own expense. Mrs. Enderby discontinued the school in November 1846; the children then being educated were sent away, and no such school afterwards continued. The testator's will was dated March 1839; he died in October 1840. The question was whether the bequest to this school [643] failed and fell into the residue, or whether...
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