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![handle is hein.slavery/ssactsengr0884 and id is 1 raw text is: LANGFORD V. GOWLAND
not on one particular point: Lesturgeon v. Martin (3 M. & K. 255). On these grounds
it was submitted the Plaintiffs case failed.
THE VICE-CHANCELLOR [Sir John Stuart]. The effect of the stipulation for payment
of interest is to increase the amount paid for the purchase of the advowson upon a
principle which seems by no means unfair. There is nothing to bring the resignation
of the living by the present incumbent within the scope of the contract, and the
present incumbent is no party to it. Simony means a bargain for the corrupt presenta-
tion to an ecclesiastical benefice for money, gift or reward. In the present case there
is no bargain for the presentation. The subject-matter of the contract is simply the
right of property in the advowson on the one hand, and on the other hand the price
and a certain rate of interest on the purchase-money until a vacancy occurs ; and there
is no bargain at all as to the presentation.
[617] Blackstone has justly said that the true notion of simony, although not the
common notion, is the obtaining holy orders or a licence to preach by money or corrupt
practices. The contract now in question is still more free from anything simoniacal
upon this accurate definition ; therefore there must be a decree for specific performance,
each party paying his own costs of the suit.
[617] LANOFORD V. GOWLAND. March 4, 1862.
[S. C. 9 Jur. (N. S.) 12 ; 10 W. R. 482.]
Where a testator gave all his personal estate in equal shares to eight societies, of which
three, viz., the East London Free School Society, the Anti-Slavery Society, and the
African Society, had become extinct before the testator's death, the last before the
date of the will, the Court declined to order the shares in the fund to be applied
cypr~s, and held the next of kin entitled.
Patrick Kiernan, by his will in July 1832, gave all his personalty to the Plaintiff,
G. Langford, and H. Barnewell, their executors, &c., upon trust to convert the same
into money, and in the first place pay his just debts, funeral and testamentary expenses
and legacies, and then to stand possessed of the residue upon trust to pay, assign,
transfer and make over one equal eighth share thereof unto the treasurer of the London
Mechanics' Institution, Southampton Buildings, Chancery Lane, for the benefit of that
institution, and to whom for such purpose he accordingly bequeathed the same one-
eighth share. Testator then, using the same language, bequeathed the other seven
eighth shares to the following societies and institutions :-To the British and Foreign
School Society one equal eighth part; to the Literary Fund Society one equal eighth
part; to the East London Irish Free School Society one equal eighth part; to the
London Fever Hospital one equal eighth part; to the Anti-Slavery Society one equal
eighth part; to the African Institution one equal eighth part; and to the [618]
Society for Improving the Condition of the Irish Peasantry one equal eighth part.
The testator died on the 23d of November 1858, a bachelor, leaving certain persons
his next of kin, who were Defendants.
A bill was subsequently filed by the executor against the legatees to administer
the testator's estate. By the decree certain inquiries were directed. The Chief Clerk
found that five of the societies named were in existence ; and three, the East London
Irish Free School Society, the Anti-Slavery Society and the African Institution, had
ceased to exist, the last named before the date of the will, and the two others since
the date of the will and before the testator's death.
Mr. Bacon and Mr. J. T. Humphrey, for the Plaintiff, submitted whether, if the
bequest to the societies which were extinct at the testator's death failed, the doctrine
of cy pros was applicable.
Mr. Bovill appeared for the Mechanics' Institute.
Mr. Malins appeared for the British and Foreign School Society.
Mr. Hislop Clark and Mr. Dryden appeared for other charities.
Mr. Hallett, for the Fever Hospital, submitted that where there was a clear gift
for a charitable purpose which failed the Court would give effect to the intention by
3 GIFP. 617.](ViewImageLocal?handle=hein.slavery/ssactsengr0884&div=1&collection=&method=preview&ext=.png&size=3)