Williams v Kershaw
| Jurisdiction | England & Wales |
| Judgment Date | 11 December 1835 |
| Date | 11 December 1835 |
| Court | House of Lords |
English Reports Citation: 7 E.R. 346
House of Lords
Mews' Dig. iii. 305, 376. See note to last preceding case.
williams v. kbbshaw.-At the Rolls, July 13, and December 11, 1835. [Mews' Dig. iii. 305, 376. See note to last preceding case.] A direction by a testator to his trustees to apply the residue of his personal estate to and for such benevolent, charitable, and religious purposes as they in their discretion should think most advantageous and beneficial, and for no other use, intent, or purpose, held void for uncertainty. William Buswell, by his will, devised certain freehold estates to trustees to sell, and directed them to carry the [112] proceeds of the sale, together with the proceeds of other property in the will mentioned, to the fund of his personal estate, for the purposes of the will. The testator then gave pecuniary legacies to several charitable and religious bodies, including the Bristol Education Society, the Baptist Missionary Society, etc. He then gave all his personal estate to his trustees to pay his debts and legacies before given, and as to the residue, he gave several sums thereof in legacies to individuals, and for various purposes, and then proceeded thus: " And as to the surplus and ultimate residue of my residuary personal estate, upon trust, that they the said J. Kershaw, E. Leader, and E. Nicholson, and the survivor of them, and the executors or administrators of such survivor, shall and do place out and invest the same in the public funds, or upon real or government securities in England, and from time to time transpose, alter and vary such securities as they or he in their or his discretion shall think fit, and do- and shall stand possessed thereof, and of the securities whereon the same shall be placed out and invested, and the interest and dividends thereof, in trust, out oi the said interest and dividends to pay unto B. S. the weekly sum of nine shillings; and / direct my said trustees from time to time, to apply the residue of the said dividends, interest'and annual produce to and for such benevolent, charitable and religious purposes, as they in their discretion shall think most advantageous and beneficial, and to and for no other use, trust, interest, or purpose whatsoever." In a suit for the administration of the testator's estate, one question was, whether this bequest of the ultimate residue was void for uncertainty, and it was argued by several counsel. The Master of the Rolls, after...
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Chichester Diocesan Fund & Board of Finance (Incorporated) v Simpson
...were too wide and held the bequest void. He said he was following an earlier decision of his own, when Master of the Rolls, in Williams v. Kershaw, 5 CI. & F. 111, where the residue was to be applied "to and for such benevolent, charitable and religious purposes" as the executors should thi......
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