Thomson v Shakespear
| Jurisdiction | England & Wales |
| Judgment Date | 28 January 1860 |
| Date | 28 January 1860 |
| Court | High Court of Chancery |
English Reports Citation: 45 E.R. 413
BEFORE THE LORD CHANCELLOR LORD CAMPBELL AND THE LORDS JUSTICES.
S. C. Johns. 612; 1 L. T. 398; 29 L. J. Ch. 140, 276; 6 Jur. (N. S.), 281; 8 W. R. 265. See Carne v. Long, 1860, 2 De G. F. & J. 79; Beaumont v. Oliveira, 1869, L. R. 4 Ch. 314; Yeap Cheah Neo v. Ong Cheng Neo, 1875, L. R. 6 P. C. 394; In re Dutton, 1878, 4 Ex. D. 58; Goodman v Mayor of Saltash, 1882, 7 App. Cas. 651; In re Holburne, 1885, 53 L. T. 215, In re Vaughan, 1886, 33 Ch. D. 192; Hoare v. Hoare, 1886, 56 L. T. 149; In re Christchurch Inclosure Act, 1888, 38 Ch. D. 532; In re St. Stephen, Coleman St., 1888, 39 Ch. D. 501. Distinguished, In re Clarke [1901], 2 Ch. 110.
[399] thomson v. shakehpear. Before the Lord Chancellor Lord Cam^befr'*^1 and the Lords Justices. Jam. 26, 28, 1860. [S. C. Johns. 612 ; 1 L. T. 398; 29 L. J. Ch. 140, 276 ; 6 Jur. (N. S.), 281 8 W. R. 265. See Cane v. Long, 1860, 2 De G. F. & J. 79 ; Beaumont v. Oliveira, 1869, L. R. 4 Ch. 314 ; Yr.ap Cheah Neo v. Ong Cheng Neo, 1875, L. R. 6 P. C. 394; In re Duttm, 1878, 4 Ex. D. 58; Goodman v" Mayor of tialtash, 1882, 7 App. Gas. 651; In re, Holburne, 1885, 53 L. T. 215, In re fang/tan, 1886, 33 Ch. D. 192 ; Hoars v. Hoare, 1886, 56 L. T. 149; In re Christchwnh Inrloswre Ad, 1888, 38 Ch. D. 532 ; In re St. Stephen, Coleman St., 1888, 39 Ch. D. 501. Distinguished, In re Clarke [1901], 2 Ch. 110.] A testator bequeathed 2500 to his trustees and executors, to be laid out by them with the concurrence of the persons described in the will as the trustees of 414 THOMSON V. SHAKESPEAR 1DB 0. F. & J. 400. Shakspeare's house, in forming a museum at Shakspeare's house, and for such other purposes as the trustees of the will in their discretion should think fit, for the purpose of giving effect to his wishes ; and he also gave a rent charge for the support of a custodian. Shakspeare's house had been purchased by means of the contribution* of numerous subscribers, and the testator had by deed vested a sum of money in trustees for the purpose of preserving the house from decay. Held, that the gifts in the will could not be supported either as charitable, or for the benefit of private persons. This was the appeal of the Plaintiffs from the decision of Vice-Chancellor Wood, holding that gifts of 2500, and of an annuity of 60 per annum contained in the will of John Shakespear, the testator in the cause, were void, and dismissing the bill with costs. The facts of the case are fully stated in the report of the hearing of the cause before the Vice-Chancellor, contained in Mr. Johnson's Reports (page 612). In 1848, the house at Stratford-on-Avon, known as the birthplace of William Shakspeare, and a small plot of contiguous land, were purchased for 3800 out of a fund provided by public subscription, and conveyed to a body of gentlemen forming a committee, called Shakspeare's Birthplace Committee. The principal objects of the purchase were to restore the house in which the poet was born to the condition in which it was at the time of his birth, to isolate it, and to found a museum in which all the editions of his works and all portraits, sculptures, and manuscripts, illustrative of his works, might be collected, and which might also serve as a residence for a custodian of the house and museum. A correspondence took place between the testator and [400] the committee with reference to the different objects contemplated, from which it appeared that they were such as he approved of and was disposed to aid. Eventually the testator, with a view to the promotion of those objects, contributed a sum of 2500, to be expended in the manner prescribed by an indenture, dated the 18th July 1856, and made between the testator of the one part, and the Plaintiffs (the members of Shakspeare's Birthplace Committee) of the other. This deed recited the purchase and conveyance above mentioned, and that the testator, " being desirous of honouring the birthplace of the poet Shakspeare, and of preserving the same from decay and injury," had agreed to pay 2500 to be held and applied by the Plaintiffs upon and for the trusts thereinafter declared. The indenture then witnessed as follows:-"In pursuance of the said desire, and in consideration of...
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