Hayter v Trego
| Jurisdiction | England & Wales |
| Judgment Date | 04 March 1830 |
| Date | 04 March 1830 |
| Court | High Court of Chancery |
English Reports Citation: 38 E.R. 970
HIGH COURT OF CHANCERY
Considered, In re Slevin, [1891] 1 Ch. 373; [1891] 2 Ch. 236. Cf. In re Rymer, [1895] 1 Ch. 19.
hayter v. trego. Bolls, June 17, 1828 ; March 4, 1830. [Considered, In re Sletin, [1891] 1 Ch. 373 ; [1891] 2 Ch. 236. Cf. In re Bymer, [1895] 1 Ch. 19.] Where a testator gives a legacy to a voluntary society which exists at his death, but is dissolved before his assets can be administered, the Court will execute his intention cy-pres. Thomas Hodson, by his will dated in June 1819, gave a legacy of 500 to a voluntary society called " The Plymouth and Devonshire Asylum for the Reception of Female Penitents." The testator died in June 1821, at which time the asylum was still in existence ; but on the 29th of May 1822, long before the assets could be administered, the society was dissolved, the charitable establishment was completely broken up, and the furniture and other property belonging to it were sold. The question in the cause was, whether this sum of 500 was to be applied to a charitable purpose by the crown under the sign manual, or was to be administered by the Court cy-pres. [114] Mr. Pemberton, for the Plaintiffs. Mr. Girdlestone and Mr. Whitmarsh, for some of the Defendants. Mr. Swann, for the Attorney-General. On behalf of the Attorney-General it was argued, that, if the particular charitable purpose selected by the testator had failed, the disposition of the property belonged to the crown, and not to the Court. Moggridge \. Thackwell (7 Ves. Jun. 78-84). This would clearly have been the case, if the particular charity mentioned in the will had ceased to exist in the lifetime of the testator ; for, in that state of things, 5BFS3. 116. HOUSTON!'. Hl'GHKS 971 the money would have been devoted .o oluirity generally, without nay existing object having been selected ; and whether the selected charity ceases to exist in the testator's lifetime or after his death, seems to be immaterial. " It being established," says Lord Eldon (7 Ves. Jun. 83), " that, where money is given to charity generally and indefinitely, without trustees or objects selected, the king, as parens patrio3,is the constitutional trustee, it is very difficult to raise a solid distinction bet ween an original gift absolutely...
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