Dominus R v Lady Portington
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1795 |
| Date | 01 January 1795 |
| Court | Court of the King's Bench |
English Reports Citation: 91 E.R. 151
COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER.
4 W. & M.
charitable uses. 1. dominus rex versus lady portington. [4 W. & M.] Absolute devise : no averment can be admitted, of trust for superstitious uses, by Statute of Frauds. Eq. Ab. 96, S. C. 3 Salk. 334. Cases B. R. 31. On a traverse to an inquisition post mortem awivk Barlow, the jury found for the Ring, by reason the said Anne had devised her land to superstitious uses; but a case was made as followeth : Ann Barlow devised to the Lady Portington and her heirs, absolutely without any trust; that she did it for the good of her soul, and that the devisee owned that this estate was not her's, but belonged to God and His saints. The question was, whether this devise could be averred to be in trust to a superstitious use ? And the Court of King's Bench held it could not, and that both from the Statute of Frauds, and from the nature of the thing. Supposing the devisee was a nun, it was considered how the law was then; and the Court held, that a monk now might purchase, because that part of the canon law, whereby his disability arose, is now abolished, and the common law takes no notice of him. After this, viz. 26 May 1693, an information was preferred in the Exchequer for a discovery, and an application of the devise to an use truly charitable. And it was held, 1st, that the Statute of Frauds did not bind the King (a), but took place only between party and party. 2dly, That the King, as head of the commonwealth, is obliged by the common law, and for that...
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