Durour v Motteux
| Jurisdiction | England & Wales |
| Judgment Date | 21 November 1749 |
| Date | 21 November 1749 |
| Court | High Court of Chancery |
English Reports Citation: 27 E.R. 1057
HIGH COURT OF CHANCERY
See Jones v. Mitchell, 1823 1 S. & S. 292, n. Followed, Amphlett v. Parke, 1827, 1 Sim. 279. See Spencer v. Wilson, 1873, L. R. 16 Eq. 507.
dueotje v. motteux, Nov.21,1749. [See Jones v. Mitchell, 1823, 1 S. & S. 292, n. Followed, Amphlett v. Parlce, 1827, 1 Sim. 279. See Spencer v. Wilson, 1873, L. E. 16 Eq. 507.] Mortmain. Conversion of realty into personalty. Eesiduary bequest. Eeal estate directed to be sold, and together with personal, applied (inter alia) to charitable purposes, and " that the trustees should place out all the residue of testator's estate " and the interest thereon, on securities, and divide it, &c." Held, first, that the bequest as to the charity, was void ; and next, that the whole, as to other matters, was turned into personalty. Residuary bequest of personalty includes everything; as a void legacy, or one that has lapsed. (Vide Supplement, p. 157.) Timothy Motteux in 1745 made his will, giving all his real estate to trustees, to sell and dispose of the whole, with his personal estate, for payment of his debts, legacies, and performance of his will; he gave several legacies, and among the rest £1200 or thereabout, whereof part was to be laid out in the purchase of freehold lands for some charitable uses, part of which were confessedly within the late mortmain act. The remainder of the said lands were to be a fund for a perpetual annuity of £10 per ann. to a minister, to preach a sermon once a year to his memory, to keep his tomb-stone in repair, and the inscription thereon and upon the stone against the wall, reciting the gift, legible, of which the minister was then to make oath ; and £2 per ann. to the clerk, and £2 more to the sexton for ever ; with £4 per ann. to the mayor and corporation of St. Albans for managing and keeping account thereof : and that the trustees should place out all the residue of his estate and interest thereon upon securities and divide among several persons. It was insisted, that though the devise of the rents of the land to be purchased with the £1200 was so far void by the statute, as they were to be applied to charitable uses, yet that made not the application of the remainder thereof void, which did not come within that description; such as the uses intended to honour his memory, and as a benefaction to the corporation; which, being private and personal gifts, come not within the reason of charitable uses...
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