Samuel Shore and Others, - Appellants; Attorney General, on the Relation of Thomas Wilson and Others, - Respondents
| Jurisdiction | England & Wales |
| Judgment Date | 05 August 1842 |
| Date | 05 August 1842 |
| Court | House of Lords |
English Reports Citation: 8 E.R. 450
House of Lords
Mews' Dig. iii. 330, 383; v. 75, 76; vi. 725; xi. 552. S.C. 7 Jur. 781; 5 Scott N.R. 958; 11 Sim. 592; 7 Sim. 309 n.; sub nom. A.-G. v. Shore. See also 16 Sim. 210; and 4 St. Tr. N.S. 1370. Discussed on point as to construction of deed in A.-G. v. St. John's Hospital, Bath, 1876, 2 Ch. D. 567; and see A.-G. v. Bunce, 1868, L.R. 6 Eq. 574, and Nonconformists' Chapels Act, 1844 (7 and 8 Vict. c. 45), s. 3, passed in consequence of decision in Shore v. Wilson. On point as to bequests to Unitarians, followed in Shrewsbury v. Hornby, 1846, 5 Hare, 406.
Trusts for Charities - Protestant Dissenters - Unitarians - Construction of Deeds - Extrinsic Evidence - Attorney - General - Lady Hewley's Charities.
[355] SAMUEL SHORE and Others,-Appellants; THE ATTORNEY-GENERAL, on the Relation of THOMAS WILSON and Others,-Respondents [May 13, 14, and 15, June 24, 25, and 28, 1839; May 10, August 5, 1842]. Trusts for Charities-Protestant Dissenters-Unitarians-Construction of Deeds- Extrinsic Evidence-Attorney-general-Lady Hewley's Charities. [Mews' Dig. iii. 330, 383 ; v. 75, 76; vi. 725 ; xi. 552. S.C. 7 Jur. 781; 5 Scott N.R. 958; 11 Sim. 592; 7 Sim. 309 n.; sub nom. A.-G. v. Shore. See also 16 Sim. 210; and 4 St. Tr. N.S. 1370. Discussed on point as to construction of deed in A.-G. v. St. John's Hospital, Bath, 1876, 2 Ch. D. 567; and see A.-G. v. Bunce, 1868, L.R. 6 Eq. 574, and Nonconformists' Chapels Act, 1844 (7 and 8 Viet, c. 45), s. 3, passed in consequence of decision in Shore v. Wilson. On point as to bequests to Unitarians, followed in Shrewsbury v. Hornby, 1846, 5 Hare, 406.] By deeds, executed in 1704, Lady Hewley conveyed estates to trustees, upon trust to pay out of the rents such sums, yearly or otherwise, to such poor and godly preachers for the time being of Christ's holy Gospel, and to such poor and godly widows for the time being of poor and godly preachers of Christ's holy Gospel, as the trustees for the time being should think fit; and to dispose of such sums, and in such manner, for promoting the preaching of Christ's holy Gospel in such poor places as the trustees for the time being should think fit; and also to dispose of such sums as exhibi- 450 SHORE V. WILSON [1839, 1842] I* CI-ARK * FINNELLY, 366 tions for educating such young men designed fq'r *ne ministry of Christ's holy Gospel a* the trustees for the time being sho^d approve and think fit; and to dispose of the remainder of the said rents in relieving such godly persons ,ui distress, being fit objects of her and thi? trustees' charity, as the trustees for the time being should think fit: and sh * directed, that when any one of the trustees should die, the survivors should fc%lect in nis Place sucn a person as they in their judgments and consciences shOu"l think fat to be a trustee. By other deeds, executed in 1707, Lady Hewley conveyed otheT.estates to the same trustees, partly for the support of poor old people in an almsnOuse, fer the management of which she appointed other trustees ; and after directing that the trustees and managers should observe the rules which she should leave for the selection and government of the poor people therein, she ordered the residue of the rents to be applied upon trusts, which were the same as those contained in the deeds of 1704. By the rules left by her for the selection of the old people for the almshouse, she ordered that none be admitted but such as should be poor and piously disposed, and of the Protestant religion; and able to repeat by heart the Lord's Prayer, the Creed, the Ten Commandments, and Bowles's Catechism. At the dates of the deeds all religious sects tolerated by law believed in the Trinity; but in the course of time the estates became vested in trustees of whom the majority were Unitarians, and they applied the rents for the benefit of Unitarians; and that sect became tolerated by law. Held by the Lords,-affirming judgments of the Court of Chancery, on an information filed in 1830,-that neither Unitarians nor members of the Church of England, but Protestant Dissenters [356] only, are entitled to the benefit of the charities, and that all the trustees were properly removed, as all concurred in the misapplication of the charity funds. Semble, that Unitarians, in the present state of the law, are capable of partaking of such charities, founded for their benefit. Held, that for the purpose of determining the objects of Lady Hewley's charity, under the terms " godly preachers of Christ's holy Gospel," " godly persons;" and the other descriptions contained in her deeds, extrinsic evidence is admissible to show the existence of a religious party by whom that phraseology was used, and the manner in which it was used, and that she was a member of that party. (See the opinions of the Judges, infra [9 Cl. and F.], pp. 499-578.) Semble, that in putting a construction on the deed of 1704, the provisions of *he deed of 1707 are not to be referred to. A decree declaring, in the terms of the prayer of a charity information, that certain persons are not entitled thereto, is not defective for not also declaring who are entitled. The Attorney-general may appear as counsel for defendants to an information filed by relators in his name. The suit in which this appeal arose was instituted by a.n information filed in 1830, in the name of the Attorney-general, for the purpose of administering certain charities founded in the years 1704 and 1707, by Dame Sarah Hewley, by distinct sets of deeds, and placed under the direction of distinct sets of trustees. The questions for decision in the appeal turned upon the construction of the foundation deeds, and on the admissibility of certain evidence given to show the intentions of the foundress. By the first set of deeds, dated the 12th and 13th of January 1704, Lady Hewley -therein described as relict and executrix of Sir J. Hewley, late of Gray's-Inn, in the county of Middlesex, knight, and daughter, heir,, and administratrix of Robert Woolrych, also late of Gray's-Inn aforesaid, Esq.-conveyed various estates in Yorkshire to Richard Stretton, Nathaniel Gould, Thomas Marriott, John Bridges, Thomas Nesbitt, Thomas Colton, and James Wyndlow, their hairs and assigns, upon trust that they should, after Lady Hew-[357]-ley's decease, pay an annuity and other charges therein mentioned, out of the rents, and should from time to time, out of the residuary rents, issues, and profits, " as well pay and dispose of such sums of 451 IX CLARK & FINNELLY, 358 /SHORE V. WILSON [1839, 1842] money, yearly or otherwise^ to such and so many poor and godly preachers, for the time being, of Christ's holy Gospel, and to such poor and gpdly widows, for the time being, of poor and godiypreachers of Christ's holy Gospel, ait such time and times, and for so long time and times, and according to such distributions, as the said trustees and managers for the time being, or any four or more of them, shall think fit; and employ and dFdpOge of gucn sums of money, and in such manner, for the encouraging or promoting of the preaching of Christ's holy Gospel in such poor places as the said trustees an(J managers for the time being, or any four or more of them, shall think fit: as gjgo emplOy and dispose of such sums of money, yearly or other-wlge, a? an(j for exhibitions, for such or so long time or times, for or towards educating of such young men designed for the ministry of Christ's holy Gospel, never exceeding five such young men at one and the same time, as the said trustees and managers for the time being, or any four or more of them, shall approve and think fit: And, as to all the surplus and remainder of the aforesaid clear and residuary rents, issues, and profits, etc., that the said trustees shall, from time to time, employ and dispose of the same in and for the relieving of such godly persons in distress, being fit objects of the said Dame Sarah Hewley's and the trustees' and managers' charity, as the said trustees and managers for the time being, or any four or more of them, shall think fit." Then followed a proviso and declaration that the said trustees and managers for the time being should, [358] in their dispositions and distributions of the aforesaid charities, have a primary arid chief respect to such objects thereof as were or should be in York, Yorkshire, or other northern counties in England, not excluding those in other places and counties, as the trustees and managers for the time being, or any four or more of them, from time to time should think fit; and also that whatsoever charitable dispositions or allowances by Lady Hewley should have been made to persons or places in York or Yorkshire, immediately or shortly before her death, should be continued and paid out of the said residuary rents and profits by the said trustees and managers for the time being, until they, or four of them at least, should see just reason to discontinue, alter, or determine the same, or any of them respectively. ò And it was, among other things, further declared that the said trustees and managers should annually elect one of themselves to be treasurer of the rents and profits of the trust estates, and should annually audit his accounts; and also, " that from time to time, as and when any one of the trustees! for the time being shall happen to die, the survivors of them shall and may elect, in the room of every such deceasing trustee, such a person as they in their judgments and consciences shall think fit and approve of, who shall be a manager of the said trust estates, together and equally with them the surviving trustees, and have equally with them the same authority, benefit, and power respecting the trusts thereby declared; and, in case of the death of any such elected manager, to elect in like manner in his room another...
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