HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.slavery/ssactsengr0835 and id is 1 raw text is: IN RE ST.. WENN'S CHARITY
[66] In the Matter of ST. WENN'S CHARITY. June 21, 1824.
Charity. Jurisdiction.
The Court has no jurisdiction under the 52d Geo. 3, c. 101, to direct, upon petition,
an account of the assets of a person who had received the rents of a charity
estate.
This was a petition presented under the 52d Geo. 3, c. 101, relating to a charity
founded in the 15th Charles 2. It stated that Philip Rashleigh, from 1764 until June
1811 (when he died), had managed the charity; and that, at his death, there remained
in his hands a large surplus of the rents of the charity estates; that his executors
had possessed his personal estate, and divided the residue amongst his residuary
legatees. The petition therefore prayed for an account of the rents of the charity
estates received by Philip Rashleigh ; that what should be found due might be paid
by his personal representatives out of his assets; and that, if they should not admit
assets sufficient to answer what should be found due, the usual accounts might be
taken of his personal estate.
The Petitioners were the trustees of the charity estates, who had been appointed
by an order made in the year 1818. Philip Rashleigh's residuary legatees had not
been served with a copy of the petition.
THE SOLICITOR-GENERAL [Sir Charles Wetherell] and Mr. Longley, for the
Petitioners.
Mr. Heald, for Philip Rashleigh's representatives.
THE VICE-CHANCELLOR Sir John Leach] dismissed the petition with costs, because
the residuary legatees of Philip Rashleigh had not been served with the petition ; and
because he had no jurisdiction under the Act to direct an account of Philip Rashleigh's
personal estate as against his personal representatives.
[67] THE ATTORNEY-GENERAL v. HEELIS. June 3, 1824.
[See Attorney-General v. Mayor of Dublin, 1827, 1 Bli. (N. S.) 335; 4 E. R. 897
Beaumont v. Oliveira, 1868-69, L. R. 6 Eq. 538; L. R. 4 Ch. 314; Goodman v. Mayor
of Saltash, 1882, 7 App. Cas. 642; Attorney-General v. Mayor of Dartmouth, 1883,
48 L. T. 934; In re St. Botolph without, Bishopsgate Parish Estates, 1887, 35 Ch. D.
150; Webster v. Southey, 1887, 36 Ch. D. 22 ; In re Christ Church Inclosure Act, 1888,
38 Ch. D. 531 ; Commissioners for Income Tax v. Pemsel [1891], A. C. 544.]
Charity. Pleading.
Where a common was inclosed under an Act of Parliament passed with the consent
of the proprietors, and was vested in commissioners, upon trust to apply the rents
for the improvement of a town, with power to them to levy a rate on the inhabitants
in case the rents proved deficient, an information and bill being filed by some of the
inhabitants, on behalf of themselves and the others, against the commissioners, for an
account of the rents alleging misapplication, and that a rate levied was unnecessary :
Held, on general demurrer, 1st, that the funds constitute a charity; and 2d, that
the object of the suit being to avoid the rate, the Plaintiffs had a right to sue on
behalf of themselves and the other inhabitants.
Where the object of a suit is to avoid payment of a rate levied on the inhabitants of
a town, all the inhabitants having a common interest to avoid the rate, any one or
more of them may sue on behalf of himself and the other inhabitants.
Funds supplied from the gift of the Crown or of the Legislature, or of private persons,
for any legal public or general purpose, are charitable funds, to be administered by
Courts of Equity.
Where a fund applicable for a public or general purpose is derived wholly from rates
270
2 SIn. & ST. 66.](ViewImageLocal?handle=hein.slavery/ssactsengr0835&div=1&collection=&method=preview&ext=.png&size=3)