Hill v The Bishop of London, Smith, and Others
| Jurisdiction | England & Wales |
| Judgment Date | 09 February 1738 |
| Date | 09 February 1738 |
| Court | High Court of Chancery |
English Reports Citation: 26 E.R. 388
HIGH COURT OF CHANCERY
See Clarke v. Hilton, 1866, L. R. 2 Eq. 815; Croome v. Croome, 1888, 59 L. T. 583.
[618] Case 281.-hill v. the bishop of london, smith, and Others. (Beg. Lib. A. 1738, fol. 609). February the 9th, 1738. [See Clarke v. Hilton, 1866, L. R. 2 Eq. 815 ; Croome v. Croome, 1888, 59 L. T. 583.] R. S. incumbent of the rectory of B. devises his perpetual advowson, donation and patronage of the parish church of B. and all glebe lands, profits, and appurtenances to the same belonging, to G. S. willing and desiring her to sell and dispose of the same to Eton college, and on their refusal, to Trinity college, Oxford, and on the refusal of both these societies, to any of the colleges in Oxford or Cambridge, who will be the best purchaser. There is in this case no resulting trust of the advowson of B. to the heirs at law of the testator, but a devise of the beneficial interest therein to G. Smith, with an injunction only to sell to particular societies. Richard Smith, incumbent of the rectory of Bushey, in the county 'of Hertford, by his will dated the 1st of October 1713, devised in these words : "" As for my worldly " goods with which it hath pleased God to bless me, after my debts paid and funeral " expences discharged, I dispose thereof as follows : First, I give, devise and bequeath " my perpetual advowson, donation, and patronage of the parish church of Bushey, 1ATK. 619. HILL 1). LONDON (BISHOP of) 389 " in the county of Hertford, and all glebe lands, profits and appurtenances to the same " belonging unto my honoured mother-in-law, Mrs. Grace Smith, willing and desiring " her to sell and dispose of the said perpetual advowson and patronage, with the appur-" tenances, as soon as she conveniently and lawfully may sell and dispose thereof, to " the fellows of Eton college in the county of Buckingham, and their successors, or to " the fellows of Trinity college in Oxford, where I had my education ; the fellows of " Eton college to have the first offer, if they will agree to purchase it; and upon their " refusal or disagreement, to be sold to the fellows of Trinity college in Oxford and their " successors, if they will agree to purchase it; and upon the refusal or disagreement " of both these societies, for the purchasing of the said perpetual advowson, with the " appurtenants thereof, to be sold, to the fellows and society of any one of the...
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King v Denison
...shall be^a Trustee, that is sufficient according to the Doctrine of Lord Hard-wicke in the important Case of Hill v. The Bishop of London (1 Atk. 618); and that Intention is manifest upon the whole Frame of this Will. The Terms " subject " to and chargeable with " arc synonymous with " in T......
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Johnstone v Baber
...of presentation having passed with the devise of the advowson, was correct, and they referred on this to Hill v. The Bishop of London (1 Atk. 618), Hawkins v. Cliappei (1 Atk. 621), Earl of Albemarle v. Eogers (1 Ves. jun. 477 ; 7 Bro. P. C. 522), Martin v. Martin (12 Sim. 579), and to what......
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Giles v. Giles, (1978) 15 A.R. 54 (TD)
...from the circumstances of the case. That is very old doctrine, stated by Lord Hardwicke in Hill v. Bishop of London (1738), 1 Atk. 618, 26 E.R. 388. The law presumes that the holder of the legal title was not intended to take beneficially. There are certain situations - such as purchase in ......
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Martin v Martin
...v. Lord Harborough (Amb. 165), Hawkins v. Chappel (1 Atk. 621), Holt v. The Bishop of Wintm, (2 Salk. 260), Hill v. The Bishop of London (1 Atk. 618). [586] the vice-chancellor. In Hawkins v. Chappel the whole beneficial interest was devised ; the gift was not contingent. In the present cas......