Doe, on the demise of Toone and West, against Copestake and Another
| Jurisdiction | England & Wales |
| Judgment Date | 09 May 1805 |
| Date | 09 May 1805 |
| Court | Court of the King's Bench |
English Reports Citation: 102 E.R. 1313
IN THE COURT OF KING'S BENCH.
Referred to, Hunter v. Attorney-General [1899], A. C. 321.
DOE, ON THE DEMISED OF TOONE AND WEST, against COPESTAKE AND ANOTHER. Thursday, May 9th, 1805. A devise to trustees of a reversion in land (after payment of debts, &c. which were found to be paid) to be applied by them and their successors, and the officiating ministers for the time being of a Methodist congregation, as they should from time to time think fit to apply the same, is not a devise to charitable uses within the stat. 9 Geo. 2, c. 36, and therefore held that the trustees were entitled to recover at law, however the Court of Chancery might afterwards direct the application of the trust fund. [Referred to, Hunter v. Attorney-General [1899], A. C. 3.21.] In ejectment to recover certain premises in the parish of Foleshill, in the City of Coventry, tried there at the last Summer Assizes, a verdict was found for the plaintiff, subject to the opinion of the Court upon the following case : T. Faulkner being seised in fee of the premises in question, by his will of the 8th of July 1765, (inter alia) [329] devised to Hannah his wife for life his messuage and land, with the appurtenances, situate at Alderman's Green in Foleshill, " And after my wife's decease I will and devise the said messuage and premises to G. Toone, F. West, E. Jackson, and W. Newton, and the survivors or survivor of them, and their respective heirs or successors, in trust, that they the said trustees, the survivors or survivor of them, their respective heirs or successors, shall justly pay out of the said real estates the several legacies hereinafter mentioned, at the time and in manner hereinafter appointed for payment thereof; viz. 501. within twelve calendar months next after the decease of my said wife to such person or persons as she by her last will, &c. shall dispose of the same. Item, to W. Smith 101. Item, to G. Sticklin 51. Item, to W. Cantril 51.; 'to be paid them respectively within twelve months next after the decease of my said wife. And to enable the said trustees, the survivors or survivor of them, their respective heirs or successors, to discharge the several legacies, I do hereby will and order that they shall or may sell, mortgage, or otherwise charge the said messuage, &c. and premises : and the overplus or reversion of the said messuage, &c. and premises, after my...
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