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![handle is hein.slavery/ssactsengr0803 and id is 1 raw text is: GOODENOUGH V. TREMAMONDO
testator, and the will must be considered as if the. burden of the repairing had
remained with the company. But besides this, it appears to me, from the words of
the will, that as the maintenance and support of the almspeople in [511] the alms-
houses is the expressed purpose for which the conveyance is directed to be made to
the company, the mere circumstance that in describing the manner of maintenance
and support, he has not (if the fact were so) exhausted the whole income, is not a
sufficient reason for considering that any surplus was meant for the pecuniary benefit
of the company. In the Case of the Skinners' Company (2 Russ. 407), though the gift was
for the maintenance and continuance of the school, after appropriating or directing
the payment of various fixed sums for specific purposes, the overplus was willed to
the use of the company. In Jordeyn's Charity (1 Myl. & K. 416) whatever was left
unspent was given for repairs, and for the profitable use of the Fishmongers' Company;
and, in the Case of Brazenose College (2 Cl. & Fin. 295), there were many circumstances
from which the intention of the testator to benefit the college was deduced ; and I
apprehend that in every case where the general purpose of a gift or conveyance is
declared to be a charity, and the particular payments do not exhaust the whole fund,
any surplus will belong to the charity, unless there are other circumstances from
which a contrary intention of the testator can be collected.
In this case there do not appear to me to be any such circumstances; the general
purpose of the conveyance to the company is charity. It does not appear, that at the
time of the testator's death, there was or could be an income which would have left
any surplus, but whether this were so or not, I think, when the general purpose is
thus declared, the reference to the mode of effecting the purpose, which does not
exhaust the whole income, is not of itself sufficient to exonerate the trustee from
applying the surplus, if any, to the general purpose.
[512] GOODENOUGH v. TREMAMONDO. June 8, 1840.
[See Hinves v. Hinves, 1844, 3 Hare, 613; Pickup v. Atkinson, 1846, 4 Hare, 630;
Morgan v. Morgan, 1851, 14 Beav. 83.]
A testator gave the residue of his estate and effects to trustees, to permit the rents,
interest, and annual proceeds to be received by A. for life, and after his decease
to C. and D. when they attained twenty-one with power after the death of A. to
apply the rents, &o., towards the maintenance of C. and D. until their shares should
become vested. Part of the residue consisted of leaseholds. Held, that the tenant
for life was entitled to enjoy them in specie, and that they were not to be converted
for the benefit of those in remainder.
Frederick Andree, by his will dated the 30th of January 1822, after bequeathing
some pecuniary and specific legacies, proceeded as follows :- And as to all the rest,
residue, and remainder of my estate and effects whatsoever and wheresoever, I give,
devise, and bequeath the same unto Anthony Angelo and Charles John Lawson, their
executors, administrators, and assigns, in trust to permit the rents, issues, profits,
interest, and annual proceeds thereof to be received and taken by my said son Richard
Collier Andree, for and during the term of his natural life, for his own use and benefit;
and from and after his decease, upon trust for Ann and Sophia, the two daughters of
my said son Richard Collier Andree, when they shall attain the age of twenty-one
years, equally to be divided between them, share and share alike. And I empower
my said trustees and executors, after the death of my said son Richard Collier Andree,
to apply the rents, interest, profits, and annual proceeds of my said residuary estate
and effects, for and towards the maintenance and education of the said Ann and Sophia
Andree, until their respective shares shall become vested. And he appointed the
said Anthony Angelo and Charles John Lawson executors of his will. The will was
not executed so as to pass real estate.
The testator died shortly afterwards. Part of his property consisted of a lease-
hold house in Oxford Street.
The bill was filed by an infant, who was entitled to the share of his mother Sophia
Andree, afterwards [513] Sophia Goodenough, deceased; and prayed for the usual
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