In the matter of the Trustees of First Armagh Presbyterian Church and William Lesley Faris (A patient by his Attorney and next friend Janice Mildren Faris), Thomas Henry McKennell, David George Harrison, Ian Kyle, James Alistair Menary, Malcolm Shaw and Health Stevenson
| Jurisdiction | Northern Ireland |
| Judge | McBride J |
| Judgment Date | 15 March 2022 |
| Neutral Citation | [2022] NICh 4 |
| Court | Chancery Division (Northern Ireland) |
| Date | 15 March 2022 |
1
Neutral Citation No: [2022] NICh 4
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: McB11785
ICOS No 22/2240
Delivered: 15/03/2022
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
CHANCERY DIVISION
________
IN THE MATTER OF THE TRUSTEES OF FIRST ARMAGH
PRESBYTERIAN CHURCH
WILLIAM LESLEY FARIS (A PATIENT BY HIS ATTORNEY AND NEXT
FRIEND JANICE MILDREN FARIS), THOMAS HENRY McKENNELL,
DAVID GEORGE HARRISON, IAN KYLE, JAMES ALISTAIR MENARY,
MALCOLM SHAW AND HEATHER STEVENSON
Petitioners
________
McBRIDE J
[1] The trustees of the First Armagh Presbyterian Church, (“the petitioners”)
petition the court to remove William Lesley Faris as a trustee of property held in
trust for the congregation of First Armagh Presbyterian Church on the grounds that
he lacks capacity to exercise his functions as a trustee. There is no proposal to
appoint another person in his place as trustee.
[2] The petitioners were represented by Mr Graeme Watt of counsel. As the case
involved a charitable trust the Attorney General, although not a named party
attended court and was represented by Mr Wimpress, solicitor in the Office of the
Attorney General for Northern Ireland. I am grateful to Mr Watt for his very
comprehensive and well-researched written and oral submissions and to
Mr Wimpress for his oral submissions in reply which were of much assistance to the
court.
Background
[3] Mr Faris was appointed as a trustee on 10 June 1990 under the procedure
provided for by the Trustee Appointment Act 1850.
[4] The trust property relates to the church manse (“the manse”) which is
contained within Folio 299L County Armagh and is situated at Newry Road,
Armagh.
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