Re Blundell's Trusts
| Jurisdiction | England & Wales |
| Judgment Date | 18 November 1861 |
| Date | 18 November 1861 |
| Court | High Court of Chancery |
English Reports Citation: 54 E.R. 928
ROLLS COURT
S. C. 5 L. T. 337; 10 W. R. 34. See In re Fleetwood, 1880, 15 Ch. D. 609.
[360] In re blundell's trusts. Nov. 16, 18, 1861. [S. C. 5 L. T. 337 ; 10 W. R. 34. See In re Fleetwood, 1880, 15 Ch. D. 609.] The trust of a fund was, to pay the income to Roman Catholic priests for ever, upon condition of their saying masses for the repose of the soul of the founder. Held, void, and the fund was ordered to be paid to the representative of the founder. In 1807 Henry Blundell transferred the sum of £1000 New £5 per cents, into the names of three trustees, and by an indenture dated in November 1807, the three trustees declared the trusts on which they and their successors would hold it, which were as follows : - "First, that they and their successors, trustees to be appointed as thereinafter mentioned, should, for ever thereafter, pay and distribute the interest, dividends and annual proceeds thereof, as the same should arise, in manner following, that is to say : - As to three tenth parts thereof (the same into ten equal parts to be divided) unto the officiating priest for the time being of the Catholic chapel at Hormby, in the county of Lancaster. As to three other tenth parts thereof, unto the officiating priest for the time being of the Catholic chapel at Stockport, in the county of Chester. As to two other tenth parts thereof, unto the officiating priest for the time being of the Catholic chapel at Bolton aforesaid. And as to the two remaining tenth parts thereof, unto the officiating priest for the time being of the Catholic chapel at Netherton, in the said county of Lancaster." Provided always, and it was thereby declared, that the said several parts of the said trusts monies were so directed to be paid and applied to the said several officiating priests aforesaid upon the conditions following, that is to say, that they the officiating priests for the time being of each of the said several Catholic chapels [361] should each of them, from and after the death of the said Henry Blundell, yearly and every year for ever, celebrate and offer up the number of masses thereinafter specified for the repose of the soul of the said Henry Blundell, that is to say, the officiating priests for the time being of the said chapels of Hormby and Stockport each twelve such masses annually, and the officiating priests for the time being of the said chapels at Bolton and Netherton each ten masses...
To continue reading
Request your trial
-
THE ATTORNEY-GENERAL v DELANEY. [Exchequer.]
...260. Cocks v. MannersELR L. R. 12 Eq. 574. West v. Shuttleworth 2 M. & K. 684. Heath v. ChapmanENR 2 Drew, 417. In re Blundell's TrustsENR 30 Beav. 360. Dillon v. Reilly Before the Master of the Rolls in Ireland, Durour v. MotteuxENR 1 Ves. Sen. 320. Cullen v. The Attorney-General for Irela......
- Nelan v Downes