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![handle is hein.slavery/ssactsengr0767 and id is 1 raw text is: SHUTTLEWORTH V. HOWARTH
far short of that of freemen, from whose bodies the chains of slavery had been struck
but whose minds and morals were still in that state of degradation which is
inseparable from the unfortunate situation from which they had recently been in part
rescued-it was proposed to the Master to apply, and he approved of a scheme for
the application of the funds to the completion of that holy work, by assisting in the
education of those pool beings.
If before the Slavery Abolition Act these funds could have been properly applied
in procuring the redemption of slaves in the colonies, the proposed application for the
benefit of the apprentices was doubtless [227] cy pres to the intention of the donor;
but that has no application to the present case, in which the funds could not at any
time have been so applied.
There is necessarily great latitude in exercising the jurisdiction over charity funds
when the direct object of the donor fails; and, therefore, very different opinions may
be formed upon that subject in the same case. A charity may be c/ pres to the
original object, which seems to have no trace of resemblance to it, but which may
be very properly adopted if no other can be found having a nearer connection.
The providing for the education for the pool-, it may be said, has no resemblance to
the object of the charity which has failed ; but none has been suggested which unites
those two qualities which induce me to adopt it, namely, the application of the funds
in a manner of which the testator has expressed a preference-for the benefit of all
who may stand in need of them.
I propose, therefore, to reverse the decree of the Master of the Rolls, except so
much of it as declares that there are no direct objects to which the gift respecting
British captives can be applied, and in lien of the part so reversed, to declare that the
half-part of the interest and profits of the testator's property, which by his will is
directed to be applied in the redemption of British slaves in Turkey and Barbary, and
the accumulations thereof ought to be applied in supporting and assisting charity
schools in England and Wales, where the education is according to the Church of
England, but not to an amount of more than £20 per year to any one school, and
refer it back to the Master to settle and approve a scheme for that purpose. The
relators and other parties to the suit must have their costs out'of the fund, but the
other parties who have appeared cannot [228] have any costs ; their appearance and
their taking part in these proceedings is irregular; but, considering the manner in
which they were invited into the Master's office, and the circumstances under which
these proceedings were taken, I cannot order them to pay any costs.
(1) A similar course appears to have been adopted in The Attoare//-General v. The
Bisholp of Llandaf/; cited 2 Mylne & Keen, p. 586.)
SHUTTLEWORTH v. HOWAITH. A1)ril 19, 1841.
[S. C. 4 My. & Cr. 492 ; 10 L. J. Ch. (N. S.), 2 ; 5 Jur. 2, 499. See Trethew1q v.
fhelyar, 1876, 4 Ch. D. 57.]
A residuary gift in a will is a gift of all that shall remain after payment of debts and
legacies, and the expenses incident to the execution of the will. And, therefore,
where a testator gave his residuary estate, both real and personal, upon trust to be
divided in certain proportions among certain classes of persons, although some of
the classes turned out to be much more numerous than others, it was held that the
costs of establishing the claims of the individuals composing the different classes
were not to be paid exclusively out of the portions attributable to such classes
respectively, but that the costs of all the persons who established their claims as
falling within the several classes were to be paid indiscriminately out of the
residuary fund before any apportionment of it took place.
The order made by the Vice-Chancellor upon the hearing of this cause for further
directions, and that made by the Lord Chancellor upon the appeal of certain persons
who, not being parties to the suit, had gone in under the decree and established their
titles before the Master, will be found stated, together with nearly all the facts and
477
CR. & PH. 227.](ViewImageLocal?handle=hein.slavery/ssactsengr0767&div=1&collection=&method=preview&ext=.png&size=3)