HM Attorney General of Ireland, at the Relation of William Charles Quinn, Esq. Secretary to the Commissioners of Education in Ireland, - Appellant; Thomas William Hungerford and Others, - Respondents

JurisdictionEngland & Wales
Judgment Date01 January 1834
Date01 January 1834
CourtHigh Court of Chancery

English Reports Citation: 6 E.R. 1189

FROM THE COURT OF CHANCERY IN IRELAND.

His Majesty's Attorney-General of Ireland, at the Relation of William Charles Quinn, Esq. Secretary to the Commissioners of Education in Ireland
-Appellant
Thomas William Hungerford and Others
-Respondents.

Mews' Dig. iii. 270; S.C. 8 Bli. N.S. 437. See A.-G. v. Pilgrim, 1840, 12 Beav. 57; and Magdalen. College, Oxford v. A.-G., 1857, 6 H.L. C. 189.

[357] APPEAL feom the court of chancery in ireland. HIS MAJESTY'S ATTORNEY-GENERAL of IRELAND, at the Relation of WILLIAM CHARLES QUINN, Esq. Secretary to the Commissioners of Education in Ireland,- Appellant; THOMAS WILLIAM HUNGERFORD and Others,-Respondents. [Mews' Dig. iii. 270; S.C. 8 Bli. N.S. 437. See A.-G. v. Pilgrim, 1840, 12 Beav. 57; and Magdalen. College, Oxford v. A.-G., 1857, 6 H.L. C. 189.] If the trustees of a charity estate make a lease upon terms, which, at the time of making it, appear to them bona fide to be the best that can be got, a subsequent alteration of circumstances shall not affect such lease. In such a: case the question of provident or improvident management is entitled to peeuFiar consideration. The length of time during which the property has been occupied under the lease, is also to be taken into consideration. On the 26th of March 1703, an indenture of that date was made between certain persons therein described as surviving trustees, nominated and appointed for putting in execution the powers1 and authorities of an Act of Parliament, made in England, in the llth and 12th years of king William the Third, intituled, " An Act for granting an Aid to His Majesty, by sale of the forfeited and other Estates and Interests in Ireland, and by a Land Tax in England, for the several purposee, therein mentioned." of the one part; and Alan Brodrick, esq., her Majesty's then Solicitor-general in 1189 II CLARK & FINNELLY. A.-G. V. HUNGERFORD [1834] Ireland, and Lawrence Clayton, f Moy-[358]-allow, in the county of Cork, esq., of the other part; whereby, after reciting that the Right Honourable Elizabeth Countess of Orkney, before her marriage with the Earl of Orkney, by indentures of lea.se and release, dated respectively the 22d and 23d of November 1695, (the release being ma.de between the said Countess by her then name of Elizabeth Villiers, of the city of Westminster, spinster, of the first part; the said Earl, by his then name of Lord George Hamilton, of the second part; and Lord Viscount Villiers and Thomas Brodrick, of the third part), did convey to the said Lord Viscount Villiers and Thomas Brodrick, and their heirs, all and every the honors, castles, manors, lordships, liberties, rectories, towns, lands, tenements and hereditaments whatsoever, of her the said Elizabeth Villiers, in the kingdom of Ireland, with the appurtenances, to the use of the said Lord Viscount Villiers and Thomas Brodrick, a.nd their heirs; but upon the trusts declared and agreed in a,nd by an indenture, bearing even date with the said indenture of release, and made between the same parties: And after further reciting, that by an indenture, bearing even date with the same indenture of release, and referred to by it, it was declared and agreed by and between the parties to the fame, as to the several lands, etc., therein mentioned, that the trust and meaning of the said indenture of release was, that Lord Villiers and Thomas Brodrick, a.nd the survivor of them, and the heirs a.nd assigns of such survivor, should from time to time make and execute such conveyances o-f all or any parts and parcels thereof, to and for the benefit of such person or persons, and for such estate and estates, etc. as the said Elizabeth Villiers from time to time, whether under coverture or sole, by any writing, etc., should [359] direct and appoint: And after further reciting, that by indentures of lease and release, bearing date respectively the 22d and 23d days of October 1696, the release being made between the said George Earl oif Orkney, of the first part; the said Elizabeth Countess of Orkney, of the second part; the said Edward Lord Viscount Villiers and Thomas Brodrick, of the third part; and the said Alan Brodrick and Lawrence Clayton, of the fourth part; (reciting that the said Countess was purposed and resolved to erect and found a school-house, with all suitable conveniences, at or in the town of Middleton, in the barony of Imokilly and county of Cork, and to establish a Free School there, and to endow the same with a perpetual maintenance for the good instruction and education of youth, with exhibitions td be allowed to certain persons in the University, who' should have had their education at the said school in the manner therein mentioned ; and that the said Countess had determined that the several towns, lands, tenements and hereditaments, in the said indenture of release after-mentioned, and intended thereby to be conveyed, and the rents, issues and profits thereof, should be settled and applied to the good and charitable uses and purposes therein mentioned; and that in the first place, the rents, issues and profits thereof should immediately go and be applied towards the purchasing and preparing a fitting and convenient place, and materials necessary for the placing, erecting and building of a school-house, and other fitting houses, outhouses and conveniences for a master, usher, reception for boarders, and such other buildings, and for and towards the placing, erecting and building the same in such part of the said town of Middleton, and after such manner and form, as she the said Countess, or [360] such other persons or person whom she had deputed or should depute for that purpose, should order and direct): The said Countess of Orkney, for the attainment of the good, charitable and useful purpose aforesaid, with the consent of the said Earl, did direct, that Lord Villiers and Thomas Brodrick, and the survivor of them, and the heirs and assigns of such survivor, should grant, etc. unto the said Alan Brodrick and Lawrence Clayton, and their heirs, the lands, etc. therein mentioned, formerly leased to Sir John Meade, knt., by the late King James the Second, when Duke of York, or his agents or commissioners, at the rent of £100 per annum; and the lands also therein mentioned, formerly let unto W. Worth, esq., by the late King James the Second, when he was Duke of York, or by his agents or commissioners, at and under the yearly rent of £104: To hold to the said Alan Brodrick and Lawrence Clayton, their heirs and assigns for ever; upon trust that they, their heirs, etc., should from time to time for ever, employ, dispose and bestow the rents, issues and profits arising from the same premises, towards the purchasing and finding a convenient place, materials and necessaries for the erecting and building, and towards the erecting and 1190 A.-C. V. HUNGERFORD [1834] II CLARK & FINNELLY. building of a school, school-house, and other fitting outhouses and conveniences for a master, usher, reception of boarders and scholars, and such other suitable accommodations and buildings within the said town of Middleton, and in such manner and form, as should from time to time be ordered and directed by the said Countess, or by such person or persons as should be deputed or nominated by the said Countess for that purpose; and after the said school and school-house, and other buildings and accommodations had been erected and finished as aforesaid, and the [361] charges thereof fully satisfied and discharged, then for and towards the payment and discharge of the respective allowances, salaries and pensions thereinbefore mentioned, until such time as the same should respectively be lawfully and according to the true intent and meaning of the said last-recited indenture of release, altered or changed ; and from and after such alteration, towards the payment and discharge of sucli new and other allowances, salaries, pensions and payments as should from time to time be substituted in the place of such payments wherein such alterations should be made as aforesaid. And the Countess did thereby further direct and appoint, that certain persons therein named should be governors of the said school, and of the revenue...

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