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Re Hardy, Nelson v Attorney General (1)

Northern Ireland Law Reports (Digests) Irish Law Journal (Digests) Irish Law Times Reports (Digests) Cited in 1 Precedent Map Related
Vincent
JurisdictionNorthern Ireland
Judgment Date01 January 1933
Date01 January 1933
CourtChancery Division (Northern Ireland)
[H. C., I.F.S.],
[Ch. Div., N.I.],
Armstrong's Trusts —Harris
and
Miller
In re Hardy
Nelson
and
Attorney-General (1)

Appointment of new -Purporting trustees - Irregularity of original appointment - Long established trust - Irregularities - Meetings - Quorum.

Gift in Perpetuity - Particular Charity - Lapse Cy-près - Resulting Trust.

By a deed executed in 1840 there was created (inter alia) a trust fund to assist in the education of the sons of clergy of County Sligo, which fund was to be administered by trustees who should meet at annual meetings, a quorum being necessary. Over certain periods such meetings were not held, or when held did not consist of a quorum, and the present purporting trustees derived their authority from such meetings; otherwise the fund appeared to have been correctly administered. On the hearing of a summons claiming that the Court should appoint the present purporting trustees and other new trustees. —Held, that the appointments should be made, thus making the total number of trustees equal to the original number; that a consequential vesting order should be made, but an order deeming good all steps taken by the purporting trustees should be refused.

The testatrix having during her lifetime erected a school-house, vested, by her will, the said school house in her trustees upon certain charitable trusts. By her will she also created a perpetual yearly rent charge which she vested in the said trustees to be expended in the maintenance of the said school and in paying a scripture reader residing on the said school premises. The testatrix died on 1st December, 1888, and the trusts were fully...

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