Re Pearce
| Jurisdiction | England & Wales |
| Judgment Date | 21 December 1857 |
| Date | 21 December 1857 |
| Court | High Court of Chancery |
English Reports Citation: 53 E.R. 447
ROLLS COURT
[491] /wrePEARCE. Dee. 21, 1857. Bequest to trustees of £2000 consols, to divide the income yearly between twelve poor persons, but no person to be eligible two years in succession. Held, liable to legacy duty. Accountant-General ordered to pay the income of a fund in Court to the vicar of S. for the time being. The testator, George Pearce, bequeathed to his executors £2000 £3 per cent, consols, upon trust to pay the income to his niece for life, and after her decease, he bequeathed the said sum " unto the vicar and churchwardens for the time being of the parish of Staines, Middlesex, to the intent that the interest and dividends thereof should be distributed, every year, equally amongst six poor men and six poor women, being parishioners of the said parish, and being members of the Established Church, of pious, sober and industrious habits, and who should not have received parish relief for at least twelve months previous to such distribution, and who should respectively be upwards of fifty years of age, to be ballotted for by the inhabitant householders of the parish of Staines, who should attend and be present at a meeting to be convened for that purpose on the first Monday in February in every year, each householder being entitled to one vote only, and the same to be distributed as aforesaid on the Monday following such meeting. And his will was, that no such persons as aforesaid should be eligible for two years in succession, nor should any person who had obtained the gift under the will of George Fourmer, late of Staines aforesaid, deceased, be eligible for his until fifteen months afterwards." The...
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THE ATTORNEY-GENERAL v DELANEY. [Exchequer.]
...v. NashENR 1 M. & W. 237. The Attorney-General v. FitzgeraldENR 13 Sim. 83. In re GriffithsENR 14 M. & W. 510. In re PearceENR 24 Beav. 491. In re William ParkerENR 4 H. & N. 666. Harris v. Earl HoweENR 29 Beav. 261. The Attorney-General v. NashENR 1 M. & W. 237. The Commissioners of charit......
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Harris v Earl Howe
...v. Fitzgerald (13 Sim. 83); Be Griffiths (14 Mee. & W. 510); Be Parker (4 Hurl. & Nor. 666). But it was admitted that in Be Pearce (24 Beav. 491) the Master of the Rolls had declined to follow In re Wilkinson. the master of the rolls [Sir John Romilly]. If In re Wilkinson be law, it follows......