Moggridge v Thackwell
| Jurisdiction | England & Wales |
| Judgment Date | 12 May 1803 |
| Date | 12 May 1803 |
| Court | High Court of Chancery |
English Reports Citation: 32 E.R. 15
HIGH COURT OF CHANCERY
See Nightingale v. Goulbourn, 1848, 2 Ph. 595; Mayor of Lyons v. Advocate-General of Bengal, 1876, 1 App. Cas. 113; Pocock v. Attorney-General, 1876, 3 Ch. D. 350; In re Slevin, [1891] 1 Ch. 381; In re Rymer, [1895] 1 Ch. 30. Applied, In re Pyne, [1903] 1 Ch. 83. For Doyley v. Doyley, 7 Ves. 58 n., see Wilson v. Duguid, 1883, 24 Ch. D. 251; In re Douglas, 1887, 35 Ch. D. 488; Hunter v. Attorney-General, [1899] A. C. 324.
moggridge v. thackwell. Dec. lith, 15th, IGth, nth, 1802 ; May 12th, 1803. [See Nightingale v. Goulbourn, 1848, 2 Ph. 595 ; Mayor of Lyons v. Advocate-General of Bengal, 1876, 1 App. Gas. 113; Pocock v. Attorney-General, 187G, 3 Oh. D. 350 ; In re Slevin, [1891] 1 Ch. 381 ; In re Bymer, [1895] 1 Ch. 30. Applied, In re Pyne, [1903] 1 Gh. 83. For Doyley v. Doyley, 7 Ves. 58 n., see Wilson v. Duguid, 1883, 24 Gh. D. 251 ; In re Douglas, 1887, 35 Gh. D. 488 ; Hunter v. Attorney-General, [1899] A. 0. 324.] 1 Ves. jun. 4G4.-Upon a re-hearing of that part of the decree, which relates to the Charity the decree was affirmed : the Lord Chancellor collecting the result of the authorities ; that, where there is a general, indefinite, purpose, not fixing itself upon any object, the disposition is in the King by sign manual; but, where the execution is to be by a trustee, with general, or some, objects pointed out, there the Court will take the administration of the trust. The costs of all parties were given out of the fund as between attorney and client. This cause (reported 1 Ves. jun. 4G4 ; 3 Bro. C. C. 517) had been brought on before Lord Bosslyn for farther directions upon the Master's Report, approving a scheme for effectuating the purposes of the Charity under Lord Thurlow's decree. Upon that occasion Lord Bosslyn intimated, that it was fit, that Decree, as far as it respected the charitable disposition, should be re-heard. Under that intimation a Petition of re-hearing was presented by the next of kin ; and upon that Petition the cause was re-heard by Lord Eldon. Ann Cam by her will, dated the 16th of June 1779, after giving directions concerning her funeral, desired Mr. Edward Lawrence, and any other friend her executors shall appoint, to attend her funeral ; and for their trouble she gave to each of them so attending £10 for mourning. She then gave to Mr. Thackwell and his heirs, certain estates ; arid reciting, that she was tenant in tail of the estates called Hill Netherton, and Lay cells, and by suffering a recovery could make herself tenant in fee of them, but out of regard to her aunt Walker and her family she [37] chooses to let the estate tail continue, and the estates to go according to the present 16 moggridge v. thackwell 7 ves. jtjn. ss. limitations, she gave some other estates in London to two persons and their heirs respectively; and all the rest of her real estates she gave to Mr. John Moggridge, of Bradford in the county of Wilts, and Mr. James Vaston, of Clapton, in the county of Middlesex, and their heirs, but chargeable with the payment of the several annuities following, for the respective lives of the several annuitants, payable half-yearly ; viz. to Elen Pheasant, her late servant, £15 per annum ; and giving some other small annuities she directed, that, if any of the annuitants shall die before the expiration of the first six months after her death, and shall have lived over one quarter, or shall die in any after six months after the completion of a quarter, then that their respective executors or administrators shall receive one quarter's annuity. The testatrix then gave a great number of pecuniary legacies, to some of her next of kin and other persons ; and among them gave £4000 each to her cousins Joseph Walker, and the Reverend William Walker ; and she gave £4000 to William Pollock and Peter Triquet ; in trust to lay it out in government or real securities, and to change the same, as they in their discretion shall think proper, and to pay the interest and dividends from time to time into the proper hands of her cousin Elizabeth Camilla Tudor ; and her receipt alone to be a sufficient discharge to her said trustees ; and she declared, that the said interest and dividends shall in no wise be subject to the debts, controul or management, of her husband ; and after her decease the testatrix ordered her said trustees to pay so much of the interest and dividends of the said £4000 for maintenance and education, as they shall think proper, and to pay the principal and accumulated interest to the children ; and if she should leave no child at her death, [38] or any issuing therefrom, the testatrix gave £1000, part of the said £4000, to Joseph Walker, and the remaining £3000 to William Walker. Among other legacies she ordered her executors to pay into the proper hands of Mrs. Coley for her sole and separate use £100; she gave to the parish of Battersea £50 : to the parish of Dymocke £00; and to the parish of St. Peter, Cornhill, £30, to be distributed among the poor thereof according to the discretion of her executors ; and she gave to the respective trustees, guardians, or managers, lawfully appointed, of the hospitals, infirmaries, and dispensaries, following, and to their respective executors and successors, the sums as follows : to the Asylum Hospital £500 : to the Hospital for Lunatics in Herefordshire £200: to the Gloucester Infirmary £200 : to the London Infirmary £200 : to the Lying-in-Hospital of the Gity of London £200 : to the Humane Society £200 : to the General Dispensary for the relief of the poor in Aldersgate Street £100. Then after some futher legacies, and specifically disposing of all her plate, watches, &c., wearing apparel and furniture, she concluded thus : " And I give all the rest and residue of my personal estate unto James Vaston, " of Clapton, Middlesex, gentleman, his executors and administrators ; desiring " him to dispose of the same in such charities as lie shall think fit, recommending " poor clergymen who have large families and good characters ; and I appoint the " said John Moggridge and Mr. Vaston, before mentioned, executors of this my " will; and I desire Robert Wood ford, of Taplow, Bucks, esquire, and the aforesaid " Mr. Ricfiard Wicherley, to aid and assist my executors." The testatrix in her fourth codicil thus expressed herself : [39] " My will I shall order to be sent with this : but my executors need not hurry " themselves in any shape, but take their own time to do whatever must bd done, " and employ Mr. Lawrence or any other Mr. Vaston thinks more proper to do the " writing part of the business. I hope it will be quite unnecessary for my executors " to come into the country, unless it is their own choice." The decree, as it was finally pronounced by Lord Thurlow, upon a motion to vary the minutes, declared, that the residue of the testatrix's personal estate passed by her will, and ought to go and be applied in charity, regard being had to poor clergyman with good characters, and large families, according to the recommendation in the will; and that the Master should approve of a scheme to effectuate the purposes of the said charity ; with liberty for the parties to lay proposals before him for that purpose. The residue of the personal estate amounted to £50,000. By the scheme, submitted by the Plaintiff, the executor, and the next of kin, and approved by the Master, it was proposed, that the Defendant Thomas Walker, first cousin and heir at law of the testatrix ex parte materna, might be allowed out 7 VBS. JTTN. 40s, MOGGRIDGE V. THACKWELL 17 of the residue of the testatrix's personal estate the sum of £5000 under the particular circumstances of his case ; and that small annuities should be granted to several other persons ; who were either relations of the testatrix, or were in her life dependent on her bounty ; that a, school may be established at Dymocke, the residence of the testatrix and her family, for poor children of that parish; that £1000 may be appropriated in aid of the Gloucester Infirmary ; £1000 in aid of an intended Lunatic Asylum at Gloucester ; that £0000 [40] 3 per cent. Bank Annuities may be transferred, and the dividends appropriated to a charity instituted in aid of the distribution annually made for the relief of widows and orphans of clergymen in the diocese of Gloucester, to be applied for the relief of poor clergymen, who have large families and good characters, according to the rules of distribution of the said institution ; and lastly, that the residue and remainder of the said funds and of all the testatrix's personal estate shall be called " Mrs. Ann Cam's benefaction to poor clergymen " ; and shall be invested in the 3 per cent. Consolidated. Bank Annuities, in the name of the governors of the charity for the relief of poor widows and children of clergymen ; and that the interest and dividends shall be applied by the said governors in or towards the relief of poor clergymen with good characters and large families, according to the recommendation in tbe will. The Report then stated the evidence in support of these proposals : As to Thomas Walker the affidavits stated, that he would have been entitled to the estates of Hill Netherton and Laycelles, of the value of £12,000, as heir of his mother, in case the testatrix had not barred the intail; deducing his title, and stating the clause in her will as to that; and that nevertheless long after making the will she suffered a recovery ; that at various times she assisted him ; and stating other circumstances, as evidence of her regard and intentions in his favor, particularly to leave him a sum of money in lieu of those estates shortly before she was seized with the illness, of which she died; and that lie was a proper object to partake of the charitable fund. Mr. Lloyd, Mr. Stanley, and Mr. Whishaw, for some of the next of Kin ; Mi1. Mansfield, Mr. Richards, Mr...
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