John Griffiths, Deceased
| Jurisdiction | England & Wales |
| Judgment Date | 10 July 1845 |
| Date | 10 July 1845 |
| Court | Exchequer |
English Reports Citation: 153 E.R. 577
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S. C. 15 L. J. Ex. 130. Approved, In re Parker, 1859, 4 H. & N. 666.
in the matter of john griffiths, Deceased. July 10, 1845. - A testator bequeathed to trustees a sum in the 3 per Cent. Consols, in trust, as to 1700, part thereof, to pay and apply the dividends in establishing and supporting a i daily ;school at N., for the instruction of twenty boys, on the principle of a national school; the dividends to be retained by R. B., sen., and R, B., jun., (two bf the trustees) to be so applied : and he directed that R. B., jun., should ; be th0 schoolmaster, and that the management of the school should always remain in the! family of R. B. And as to 400, other part of the said stock, the testator directed that the dividends should be paid by the trustees to and applied by the schoolmaster for the time being of the said school, in providing the boys with pinafores, caps, and shoes, and also with books and slates; such clothes, books, and slates, to be left behind them on leaving the school:-Held, that these bequests were subject to legacy duty. [S. C. 15 L. J. Ex. 130. Approved, In re Parker, 1859, 4 H. & N. 666.] Crompton had obtained a rule, calling upon the executors of John Griffiths, deceased, under the stat. 42 Geo. 3, c. 99, s. 2, to shew cause why they should not -. deliver to ;the Commissioners of Stamps and Taxes an account upon oath of all the . legacies and of the property of the deceased, [511] paid or to be paid or administered ; by them, $,nd why the duties thereon should not be forthwith paid. It appeared from \ the affidavits, that the said John Griffiths made and executed his will on the 4th of : October, Ij843, and thereby bequeathed to Richard Benbow, senior, Richard Benbow, junior, and four other persons, their executors and administrators, the sum of 4200, 3 per Cent. Consols, on the trusts therein declared; that is to say, as to 1700, part Ex. Div. ix.-19 578 IN RE GRIFFITHS 14 M. * W. 812. thgreof, upon trust to pay and apply the dividends thereof, when and as the same should accrue due, in establishing and supporting a daily school at Newtown, Montgomeryshire, for the instruction in reading, writing, and ciphering, and in the Church Catechism, of twenty boys, between the ages of six and twelve years inclusive, resident at Newtown or the vicinity, whether parishioners or not; such school to be conducted otirthe same principle as a national school, and in the same mariner as the schools attached or belonging to the established Church. And the testator declared his will ana meaning to be, that the interest, dividends, and annual proceeds arising from the said sum of 1700 Consols, when and as the same should become clue, should be paid to and retained by the said Richard Benbow, senior, and Richard Benbow, junior, for the purpose of applying the same, subject to tho directions therein contained, in the coilduct of the said school; and that, during the life of the said Richard Benbow, senior, the said Richard Benbow, junior, under the direction of his father, should be the schoolmaster of the said school, and from and immediately after the decease of the said Richard Benbow, senior, the said Richard Benbow, junior, should continue schoolmaster of the said school during his life; and it was the testator's will, that the management of the said school should, in all cases and in all events, and for ever thereafter, remain in the management of the family of the said Richard Benbow, senior, [512] or whom else they might appoint. And, it was the testator's further will, that the appointment and election of boys to be instructed in the said school should, at all times, be in the discretion of the schoolmaster for the time being; and that the schoolmaster for the time being should find and provide a school-room and firing for the...
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THE ATTORNEY-GENERAL v DELANEY. [Exchequer.]
...1 C. M. & R. 142. The Attorney-General v. NashENR 1 M. & W. 237. The Attorney-General v. FitzgeraldENR 13 Sim. 83. In re GriffithsENR 14 M. & W. 510. In re PearceENR 24 Beav. 491. In re William ParkerENR 4 H. & N. 666. Harris v. Earl HoweENR 29 Beav. 261. The Attorney-General v. NashENR 1 M......
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Re William Parker, Deceased
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