Thomson v Shakespeare
| Jurisdiction | England & Wales |
| Judgment Date | 08 December 1859 |
| Date | 08 December 1859 |
| Court | High Court of Chancery |
English Reports Citation: 70 E.R. 564
HIGH COURT OF CHANCERY
Affirmed, 1 De G. F. & J. 399; 45 E. R. 413 (with note, to which add Commissioners of Income Tax v. Pemsel (1891), A. C. 544; In re Tyler (1891), 3 Ch. 254; In re Nottage (1895), 2 Ch. 653.
Charity. Perpetuity. Uncertainty.
[612] thomson v. shakespeare. Dec. 8, 1859. [Affirmed, 1 De Q-. F. & J. 399; 45 E. R. 413 (with note, to which add Commissioners of Income Tax v. Pemsel [1891], A. C. 544; In re Tyler [1891], 3 Ch. 254 ; In re Nottage [1895], 2 Ch. 653).] Charity. Perpetuity. Uncertainty. A testator having by deed recited his desire of honouring Shakespear's birthplace, and preserving it from decay, and vested a sum of money in the Plaintiff's, as trustees for this purpose, by his will bequeathed ,2500 to his trustees and executors, to be laid out by them with the concurrence of " the trustees of Shake-spear's house, already sanctioned by me," in forming a museum at Shakespear's house, and for such other purpose as his said trustees in their discretion should think fit for the purpose of giving effect to his wishes; and also devised a rent-charge for the support of a custodian. Held, that the gifts could not be supported either as charities or as private gifts. Whether the deed was admissible to explain the will-quaere. The question in this cause arose out of the will of a Mr. John Shakespeare. In the year 1848 the house in Stratford-on-Avon, known as Shakespear's birthplace, and a small piece of contiguous land, was purchased with a fund raised by JOHNS.613. THOMSON V. SHAKESPEARE 565 public subscriptions, and conveyed to trustees. After acquiring the house and land, the " Shakespear's Birthplace Committee " proposed to obtain additional land for the purpose [613] of isolating Shakespear's house, to prevent risk from fire, to restore the birthplace to its original condition, to erect a repository for manuscripts and editions of Shakespear's works, portraits and other illustrative objects, with a residence for a custodian, and to cover the birthplace with a glass roof to preserve it from decay. In the year 1856 a correspondence took place between the committee and the testator upon the subject, from which it appeared that the testator was desirous of promoting the objects which the committee had in view. Accordingly, he contributed a sum of 2500, which was expended in the manner prescribed by a deed of July 18, 1856, made between the testator and the Plaintiffs. This deed recited the purchase of the birthplace by public subscriptions, and that the...
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