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![handle is hein.slavery/ssactsengr0820 and id is 1 raw text is: PHILPOTT V. ST. GEORGE'S HOSPITAL
again of the widow, in case either of such events shall happen before the expiration
of the twenty-one years.
Declare that, subject to the trusts for accumulation, the corpus has become
absolutely vested in the seven children, all of whom have attained twenty-one, but
that the shares are not payable until the death or second marriage of the widow, but
are liable to be divested in the contingency next mentioned.
Declare that the trust for the children of children is subsisting, and will continue
in operation, in case of happening of the event provided for, until the death or second
marriage of the widow, and that such trust will then cease.
Declare the settlement on the daughter Jane an ademption or satisfaction of her
share under the will, and to be brought into hotchpot, but without interest.-Reg.
Lib. 1858, A. fol. 1824.
[107] PHILPOTT V. ST. GEORGE'S HOSPITAL. ATTORNEY-GENERAL V. PHIL'OTT.
March 22, 26, 1859.
[S. C. 28 L. J. Ch. 657; 5 Jur. (N. S.) 664; 33 L. T. (0. S.) 141; 7 W. R. 659.]
Principles on which the Court proceeds in settling a scheme in charity cases. If the
testator has clearly pointed out his intentions, the Court is bound to carry them
into effect. But where the property is devoted to charity generally, or there are
accretions of the charity funds not specifically disposed of, or where the particular
charity wholly fails, the Court has a discretion.
A charity was founded for almshouses for poor men and women reduced by sickness,
misfortune or infirmity. Held, that this did not authorize the Court in settling
a scheme to sanction the building of a hospital or infirmary with accommodation
for the almspeople.
The Right Honorable John Reginald Pindar, Earl Beauchamp, by his will, gave
as follows :- And whereas I have contemplated erecting and endowing almshouses,
either upon some part of my estate or elsewhere in the hamlet of Newland aforesaid,
for the residence of twelve or some larger number of poor men and women, members
of the Church of England, who shall have been employed in agriculture, and have
been reduced by sickness, misfortune or infirmity : now, in case I should happen to
die without effecting such object, and any persons or person should, within twelve
months after my decease, at their, his or her expense, purchase or give a suitable
piece of land in Newland aforesaid as a site for such almshouses, and with the intent
that the same should be devoted for such purposes, then I empower and direct the
trustees or trustee for the time being of this my will, when and so soon as such land
shall have been legally dedicated to charitable uses, provided they, he or she shall
approve the scheme of the intended charity, and the rules and regulations proposed
for the government thereof, to pay to the trustees of the said intended charity, out
of such part of my personal estate as is hereafter mentioned, the sum of £60,000, to
be by them devoted to the several purposes of the charities, in the manner to be
determined in respect of the funds of the same, but so, nevertheless, [108] that the
said sum or any part thereof shall not be applied in or towards the purchase of any
lands for the purposes of such charity.
And if and in case no such piece or parcel of land shall be found and provided
as aforesaid, or being such the scheme of the intended charity, or the rules and
regulations for the government thereof shall not, in the opinion of the majority of
my said trustees, be in accordance with what they may consider my wishes upon the
subject to have been, then I give and bequeath the said sum of £60,000 to the
trustees for the time being of St. George's Hospital, situate at Hyde Park Corner, in
the county of Middlesex, to be by them applied to the purposes of that institution.
The testator died in 1853 without having effected his object in his lifetime.
After his death a suitable piece of land was given and dedicated to the charity by
the Hon. C. Grantham Scott. The validity of the bequest having been questioned,
it was, in the first instance, held to be opposed to the Statute of Mortmain, and
27 ..AV. 107.](ViewImageLocal?handle=hein.slavery/ssactsengr0820&div=1&collection=&method=preview&ext=.png&size=3)