West v Shuttleworth

JurisdictionEngland & Wales
Judgment Date01 January 1835
Date01 January 1835
CourtHigh Court of Chancery

English Reports Citation: 39 E.R. 1106

ROLLS

West
and
Shuttleworth

S. C. 4 L. J. Ch. (N. S.), 115; see Loscombe v. Wintringham, 1850, 13 Beav., 89, n., and cases there collected; see Yeap Cheah Neo v. Ong Cheng Neo, 1875, L. R. 6 P. C., 396; In re Fleetwood, 1880, 15 Ch. D., 609.

WEST V. SHUTTLEWORTH 2 NY. H. 684. [684] WEST V. SFIUTTLEWORTH. Rolle. Feb. 28, March 3, April 16, 1835. [S. C. 4 L. J. Ch. (N. S.), 115 ; see Loscombe v. Wintringham, 1850, 13 Beay., 89, it., and cases there collected ; see Yeap Cheah .Areo v. Ong Cheng Neo, 1875, L. R. 12/1. a .e, 333,6 P. C., 396 ; In re Fleetwood, 1880, 15 Ch. D., 609.] ("4"24 1134. tat, A testatrix directed several sums to be paid to certain Roman Catholic priests and chapels, desiring that they might be paid as soon as possible after her decease, that she might have the benefit of their prayers and masses ; and she gave the residue of her property to trustees, upon trust, to pay 10 each to the ministers of certain specified Roman Catholic chapels, for the benefit of their prayers for the repose of her soul, and that of her deceased husband, and to appropriate the remainder in such way as they might judge best calculated to promote the knowledge of the Catholic Christian religion among the poor and ignorant inhabitants of Swale Dale and Wellston Dale. Held, that the gifts to priests and chapels were void, and that the next of kin was entitled to the benefit of the failure, but that the gift of the residue was valid within the 2 & 3 W. 4, c. 115. Margaret Townsend, by her will, dated the 25th of January 1814, after giving certain pecuniary legacies, disposed of the residue of her property as follows : As to all the rest of my estates and effects, I give and bequeath the same to Sir Henry Lawson of Brough, in the county of York, Bart., arid Simon Scroope of Da,nby, in the same county, Esq., their executors and administrators ; and I appoint John Carr of Belle Vue, Sheffield, Mr. John Shuttleworth of Cannon Hall near Sheffield, and Mr. John Furniss of Sheffield, joint executors of this my will ; arid hereby revoking all former wills by me made, I declare this only to be my last will and testament. In witness whereof I have hereunto set my hand and seal this 20th day of January 1814.Margaret Townsend." On the same day she wrote and signed the following testamentary paper :" Omitted in my will, chapels and priests. To the chapel of St. George's Fields, London Road, 10 ; St. Patrick's chapel, Sutton Street, 10 ; Lichfield chapel, .E10 ; the Reverend Rowland Broornhead, Manchester, .5 ; the Reverend Mr. Gabb, Worksop, 1, ls. ; the Reverend Mr. Duchern, is. ; the Right Reverend Mr. Smith, Durham, 1, is.; the Reverend Joseph Tristram, Li, ls. ; the Reverend John Tristram, 1, ls. Whatever I have left to priests or [685] chapels, it is my wish and desire the sums may be paid as soon as possible, that I may have the benefit of their prayers and masses. It is my desire that my vestments and whatever belongs to my chapel may be divided betwixt Mr. Smith of Bolster. Stone, Mr. Broomhead of Stannington, arid Mr. Gillett of Rotherham.-25th of January 1814." The testatrix, on the same day on which her will was dated, addressed a letter to Sir John Lawson and Simon Scroope, Esq., which letter was after her death found inclosed in her will, and was in the following words :" Gentlemen, I have herewith sent a duplicate of my will, whereby you will perceive that I have taken the liberty of bequeathing the residue of my property to you, in confidence that you will appropriate the same in the manner most consonant to my wishes, which are as follows : namely, that the sum of 10 each be given to the ministers of the Roman Catholic chapels at Greenwich, St. George's in the Fields, Sutton Street, Soho Square, and York, for the benefit of their prayers for the repose of my soul, and that of my deceased husband George Townsend, and that the remainder be appropriated by you in such way as you may judge best calculated to promote the knowledge of the Catholic Christian religion among the poor and ignorant inhabitants of Swale Dale and Wenston Dale, in the county of YorkI have the honour to subscribe myself, gentlemen, your very obedient servant, Margaret Townsend, Sheffield, Eyre Street, 25th of January 1814." The testatrix died in February 1815, and her will, together with the first testamentary paper above stated, was shortly afterwards proved by the executors named therein ; but the letter addressed to the trustees was not proved. as a. testamentary paper until 1834, after the ori-886]-ginal hearing of the cause. The bill was filed by Anne West, the residuary legatee and personal representative of the sole next of kin of the testatrix, against the surviving executor, the representatives of the trustees, and the Attorney-General. The bill charged that the unadministered personal estate of the testatrix, in the hands of the executors, arose from monies due upon real securities to the testatrix at the time of her decease, and the Plaintiff claimed to be entitled thereto by virtue of the statute of 9 (4. c. 36. At the hearing of the cause it was, among other things, referred to the Master to inquire what proportion of the residue of the testator's personal estate consisted of pure personalty, and what proportion of personal estate arising from mortgages, or otherwise connected with realty ; and the Master by his report found that out of 2913, 16s. 7d. 3 per cent. consols, the residue of the testator's general personal estate, the sum of 2479, 13s. like annuities arose from personal estate connected with realty, and that the remaining sum of 434, 3s. 7c1. 3 per cent. console arose from pure personal estate. Mr. Biekersteth and Mr. Bethell, for the Plaintiff. If the legacies given by this testatrix are void, and there is, moreover, no indication of any charitable purpose on the part of the testatrix, they will fail altogether, and the next of kin will be entitled to the benefit of the failure. The gifts to priests and chapels for the purpose of obtaining prayers and masses for the repose of the soul of the testatrix, and the soul of her deceased husband, are gifts to a superstitious use, and consequently void, either by virtue of the statute of 1 Edw. 6, c. 14; or, if not falling within the superstitious uses expressly mentioned in the statute, void as against the policy of [687] the law-. There is no purpose of charity indicated by these gifts; no benefit was intended to be conferred by the testatrix upon the priests ; her own benefit, and that of her deceased husband, were the only objects which she contemplated ; and as the law will not give effect to a superstitious use, the next of kin are as much entitled to the benefit of the failure as if she had expressly devoted a part of her real estate to a charitable purpose. The gift of the residue to be applied in such manner as may best promote the knowledge of the Catholic Christian religion among the poor and ignorant inhabitants of Swale Dale and Wenstois Dale, being a gift for the purpose of...

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