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![handle is hein.slavery/ssactsengr0832 and id is 1 raw text is: BARKER 1. RAYNER
the support of this free school, and that he joined Fisher's name with his own
in the conveyance, upon the trust and confidence, that after his death Fisher should
convey the same to the Skinners' Company for the support of this school, and
that they are now vested in the Skinners' Company, not in their ancient corporate
character, but in their new and special corporate character as Governors of the
Possessions, Revenues and Goods of this Free School, and not under the will, but by
virtue of the trust reposed and created in Fisher at the time of Sir A. Judd's
purchase. Sir A. Judd, after the creation of this trust, would have had no power
to devise these lands, if the law had then enabled any person to make such a devise;
but by the Statute of Wills, no devise could then legally be made to a corporation ;
and it is probably owing to this circumstance that these statutes, the first of
which was passed nearly fourteen years after the death of Sir A. Judd, takes
no notice whatever of his will, but founds the title altogether upon the trust
created by Sir A. Judd at the time of the purchase. It is true that the extraordinary
construction which has been given to the subsequent statute of the 43d Eliz.
[207] in favour of charity would now, under the will, considered as an appointment,
have given a title to the Skinners' Company as against the heir of Sir A. Judd; but
there was no such law at that day, and these Acts of Parliament prove that the
Skinners' Company then claimed and accepted these lands by title paramount to the
will, and they cannot now disclaim that title. It is argued that the will is evidence
that there had been no prior trust; but I think it not unnatural that Sir A. Judd
should desire to confirm by a written instrument the secret trust which he had before
reposed in Fisher; and to adopt this argument would be to act upon a loose inference
against the clear language of the statutes. My opinion therefore is, that as to the
messuages and lands purchased by Sir A. Judd of John Gates and Thomas Thorogood,
they are now vested in the Skinners' Company, not under the will of Sir A. Judd but
in consequence of the previous trust created in Fisher, and by force of the statutes of
Eliz. and in their special corporate character as Governors of the Possessions, Revenues
and Goods of the Free Grammar School of Sir A. Judd,Knight, in the town of Tonbridge,
in the county of Kent, and are held by them, according to the language of the letters
patent of Edward the Sixth, for the support of the master and under-master of the
said school, and for the reparation of the said lands and tenements, and not otherwise,
nor to any other uses and intents. The revenues of these lands now so far exceed
all possible expence in respect of this school, that it will be necessary to require the
aid of Parliament as to the application of the surplus. All that I can now do is to
make a declaration to the effect which I have stated, and to send it to the Master to
inquire and state the particulars and present rents of the messuages and lands purchased
by Sir [208] A. Judd of Gates and Thorogood, and comprised in the two statutes of
Eliz. ; and also to inquire into the particulars and present rents of all other the lands,
&c., comprised in the devise to the Skinners' Company, contained in the will of Sir A.
Judd; and whether the Skinners' Company are now in the possession of the annuity
given by the said will; and also to inquire and state what is the annual expenditure
of the Skinners' Company in respect of the six almsmen mentioned in Sir A. Judd's
will; and to take the account of the rents and profits received by the Defendants from
all these lands since the filing of this information. After the Master's report, it will
probably be found that there is such an excess of revenue from the other lands devised,
not included in the statutes of Eliz., as will make it necessary to decide the true
construction of the residuary gift in the will in favour of the Skinners' Company.
[208] BARKER AND Ux. v. RAYNER AND OTHERS. July 27, Nov. 14, Dec. 6, 1820.
[Affirmed, 2 Russ. 122; 38 E. R. 282.]
Bequest of two policies on a life, upon certain trusts. The amount of the policies was
received by the testator. Held, the legacies were adeemed.
Walter Hammond, deceased, in his lifetime, effected two policies of insurance, in
the Equitable Insurance Office, upon the life of his wife Elizabeth Hammond, one for
V.-C. 1.-28*
873
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