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![handle is hein.slavery/ssactsengr0802 and id is 1 raw text is: PEARCE V. VERBEKE
stated that the relators had laid before him a proposed scheme for applying the
Bank annuities, dividends and rents and profits to the enfranchisement of slaves in
the British colonies who were too poor to purchase their own freedom; which
application, in consequence of the Act for the Abolition of Slavery, had become
impracticable; but the relators conceived that it would be a proper application of the
charity fund, and as near as might be to the intention of the testatrix, that the same
should be applied in and towards the education of the apprentices in the British
colonies lately emancipated by the said Act and their issue: but in case the Master
should be of opinion that the redemption of poor Christian slaves held in slavery in
the States of Barbary was an application more immediately within the scope of the
testatrix's meaning, then the relators stated circumstances to shew that no such
application had been for a length of time practicable; and the Master found, that in
an interview between Mr. Fowell Buxton and the Colonial Secretary, the latter stated
that the plans of Government for the education of the apprentices and their issue
were nearly matured, and proposed that the said charity funds should be applied by
the trustees for a similar purpose; and that the relators and trustees had proposed a
scheme which he had considered, and was of opinion that the testatrix by her will
contemplated the redemption of poor slaves in the Barbary States, but he was of
opinion that such intention could not be carried into effect. And he was of opinion
that the proposed scheme was as near to the intention of the testatrix as circum-
stances would admit, and that the same was a proper scheme, and he approved
thereof.
The scheme in effect was as follows : -That the fund should be transferred to the
trustees and placed under the management of them and three other trustees to be
appointed by the Colonial Secretary; that so much of the capital and dividends as the
trustees should think fit should be applied in purchasing and building schoolhouses for
the education of the apprentices and their issue, and in qualifying teachers, and in pay-
ing the salaries of masters and other expenses; that the surplus rents might be applied
towards the support of any other schools than such as aforesaid, and generally in pro-
moting education in the British colonies; and it provided for the appointment of new
trustees, for making the regulations for the management of the schools, and for an
application for an Act of Parliament, if necessary, to sanction this application.
On the 29th July 1835, the cause came on for further directions before Sir C. C.
Pepys, when this scheme was approved of, and the necessary consequential directions
given.
(2) Extract from Order.
Declare that there are no direct objects, regard being had to the bequest touching
British captives.
Declare the scheme of the Defendants, so far as it proposed the appropriation of
the income to charity schools in the City and suburbs of London where the education
is according to the Church of England, and to the necessitated decayed freemen of
the Ironmongers' Company, their widows and children, was a proper scheme.
Refer it back to the Master, to review his report, and approve of a scheme
accordingly.
[333] PEARCE V. VERBEKE. Feb. 14, 1840.
[S. C. 9 L. J. Ch. (N. S.), 203; 4 Jur. 117.]
On the 6th of June, upon a contemplated marriage, the lady's father proposed during
his life to allow his daughter £200 a year, to continue if she died in her father's
life leaving children ; but if she died in his lifetime without issue, then £100 to the
husband during the father's life. The father, in a letter to his solicitor, also stated
that he wished the husband to have £150 a year in the event of his daughter's
death without issue; the proposal was agreed to, and a settlement prepared and
executed, dated the 8th of July, whereby the father covenanted, during his life, to
pay an annuity of £200 to the husband and his assigns. The husband died
insolvent, leaving his wife and three children. After his death, the settlement was
2 BEV. M.
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