Michel's Trust

JurisdictionEngland & Wales
Judgment Date03 March 1860
Date03 March 1860
CourtHigh Court of Chancery

English Reports Citation: 54 E.R. 280

ROLLS COURT

In the Matter of Michel's Trust

S. C. 29 L. J. Ch. 547; 2 L. T. 46; 6 Jur. (N. S.) 573; 8 W. R. 299. See In re Fleetwood, 1880, 15 Ch. D. 609.

iu the Matter of michel's tbust. March 3, 1860. / . *^ "[S. C. 29 L. J. Ch. 547 ; 2 L. T. 46 ; 6 Jur. (N. S.) 573 ; 8 W. R. 299. -2 ' See In re Fleetwood, 1880, 15 Ch. D. 609.] The 8 & 9 Viet. c. 59, s. 2, legalizing Jewish charities, &c., is retrospective in its operation. A bequest by a Jew who died in 1821 of 10 per annum to be paid to three persons to learn, in their Beth Hammadrass, or college, two hours daily, and on every anniversary of the testator's death to say the prayer called in Hebrew " Candish," and which is a short Hebrew prayer in the praise of God and expressive of resignation to His will, is valid. This was a special case seeking the opinion of the Court under the following circumstances : - The testator, Abraham Michel, a Jew, by his will, made the following bequest, which was to take eft'ect on the death of his widow. "I give and bequeath unto my executors so much money as will produce in Government securities the sum of .10 sterling, per annum, upon this special trust and confidence (that is to say), upon trust to invest the same in Government securities, as they shall think best, and to pay the interest thereof or dividends, yearly or half-yearly, so as they my executors shall think proper, unto the parnosim or wardens of the congregation of Ostrovesy, near Opateir in Little Poland, for the time being ; but my will and mind is, that the said parnosim or wardens do pay the said sum of 10 to three qualified persons, chosen by them from and out of my family, to learn, in their Beth Hammadrass or college, two hours daily for ever, and on every anniversary of my death, to say the prayer called in Hebrew Candish ; and in case there should be no one of my family qualified thereto, then or in such case my will and mind is, that the said parnosim or wardens pay the same to three persons qualified." He directed his residue to be divided between his brother's and sister's children. The testator died in 1821, and his widow in 1822. The executors appropriated the sum of 300 3 per cent, consolidated annuities to answer the above trust, and for gome years after such investment had taken [40] place, the dividends were remitted to the parnosim or wardens of the congregation at Ostrovesy, but, many years since, the remittance was discontinued, in consequence...

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6 cases
  • THE ATTORNEY-GENERAL v DELANEY. [Exchequer.]
    • Ireland
    • Exchequer (Ireland)
    • January 29, 1876
    ...258. Durour v. MotteuxENR 1 Ves. Sen. 320. Turner v. Ogden. 1 Cox, Ch. R. 316. Straus v. GoldsmidENR 8 Sim. 614. In re Michel's TrustENR 28 Beav. 39. Da Costa v. De PasENR 1 Amb. 228. The Attorney-General v. HerrickENR 2 Amb. 712. Morice v. The Bishop of Durham 9 Ves. 399; 10 Ves. 522. Veze......
  • O'Hanlon v Logue
    • Ireland
    • Court of Appeal (Ireland)
    • February 5, 1906
    ...616. (4) 3 Hare, 257. (5) [1896] 1 Ch. 50. (6) [1891] A. C. at p. 583. (7) 1 Ves. Sen. 320. (8) 1 Cox Ch. C. 316. (9) 8 Sim. 614. (10) 28 Beav. 39. (1) 1 Dr. & War. (2) 4 Rep. 96, 116. (3) 2 Myl. & K. 684. (1) 7 I. Eq. R. 34, note. (2) 7 I. Eq. R. 17. (3) I. R. 10 C. L. 104. (4) [1897] 2 I.......
  • Maguire v Attorney-General
    • Ireland
    • High Court
    • May 14, 1943
    ...409. (1) 1 Moll. 616. (2) [1893] 2 Ch. 41, at p. 52. (3) I. R. 5 Eq. 470. (4) 7 Ch. D. 745. (5) 89 L. J. (Ch.) 369. (6) 48 W. R. 300. (7) 28 Beav. 39. (8) 31 Beav. 14. (9) L. R. 6 P. C. 381. (10) L. R. 12 Eq. 574. (1) 1 Ph. 290. (2) [1940] I. R. 19, at pp. 37-38. (3) [1896] 2 Ch. 451, at p.......
  • The Right Hon. The Attorney-General for Ireland, Informant; The Rev. John Hall and Patrick Byrne, Defendants
    • Ireland
    • Exchequer Division (Ireland)
    • February 21, 1896
    ...Mellick v. President The Guardians of the AsylumENR Jacob, 180. Mellick v. The Guardians of the AsylumENR 1 Jacob, 180. Michel's TrustENR 28 Beav. 39. Morice v. Bishop of Durham 9 Ves. 399; 10 Ves. 521. Pemsel's Case [1891] App. Cas. 531. Perry v. TuomeyUNK 21 L. R. Ir. 480 Powerscourt v. P......
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1 books & journal articles
  • Religious charitable status and public benefit in Australia.
    • Australia
    • Melbourne University Law Review Vol. 35 No. 3, December 2011
    • December 1, 2011
    ...615 (Lord Somervell). (16) This example is given in Coats v Gilmour [1948] 1 Ch 340, 345 (Lord Greene MR). Contra Re Michel's Trust (1860) 28 Beav 39; 54 ER 280. (17) Yeap Cheah Neo v Ong Cheng Neo (1875) LR 6 PC 381, 396 (Lord Smith for Lords Colvile, Peacock, Smith and Collier). On Chines......

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