Re Ashton Charity
| Jurisdiction | England & Wales |
| Judgment Date | 03 May 1856 |
| Date | 03 May 1856 |
| Court | High Court of Chancery |
English Reports Citation: 52 E.R. 1119
ROLLS COURT
See In re Bradford School of Industry [1893], W. N. 60; In re Stockport Ragged, Industrial and Reformatory Schools, 1897, 77 L. T. 426; [1898], 1 Ch. 610; [1898], 2 Ch. 687.
2JBJBAV. MS. RE ASHTON CHARITY 1119 [288] Re ashton charity. May 3, 1856. [See In re Bradford School of Industry [1893], W. N. 60; In re Stockporf fiagged, Industrial and Reformatory Schools, 1897, 77 L. T. 426; [1898], 1 Ch. 610; [1898], 2 Ch. 687.] The Court of Chancery has jurisdiction to alien the real estate of a charity, and it can do so upon an application under Sir Samuel Romilly's Act. An order for the sale of charity land had been made, under Sir Samuel Homilly's Act (52 Geo. 3, c. 101), before the passing of the Charitable Trusts Act, 1853 (16 & 17 Viet. c. 137, amended by 18 & 19 Viet c. 124). The purchaser, whose advisers doubted whether the Court had jurisdiction to sell charity lands under Sir Samuel Romilly's Act, required that the sale should be confirmed by the Charity Commissioners (16 & 17 Viet. c. 137, ss. 24, 26); but this the vendors declined to do, and the matter now came before the Court. Mr. T. H. Terrell, for the trustees of the charity. Mr. Wickens, for the Attorney-General. Mr. Dart, for the purchaser. The statute of 52 Geo. 3, c. 101, provides a remedy, first, in case of breaches of trusts, and secondly, " whenever the direction, or order, of a Court of Equity shall be deemed necessary for the administration of any trust for charitable purposes." It does not form part of the administration of a charitable purpose to sell the very estate which the founder intended to uphold it. Although the point appears to have been decided in Re Parke's Charity (12 Sim. 329), and In re The Overseers of Ecclesall (16 Beav...
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