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![handle is hein.slavery/ssactsengr0918 and id is 1 raw text is: IRONMONGERS' CO. V. A.-G. [1844] X oR & fNNEY,
[908] THE IRONMONGERS' COMPANY,-Appellants; HER MAJESTY'S AT-
TORNEY-GENERAL, at the relation of DANIEL HUMPHREYS HOWLETT,
-Respondent [June 4, 7, 1844].
[Mews' Dig. i. 329; iii. 340. S.C., in Courts below, Cr. and Ph. 208; 10 L.J. Ch. 201,
5 Jur. 356; and cf. 2 Beav. 313; 2 My, and K. 576; 3 L. J. (N.S.) Ch- 11. Dis-
cussed in In re Prison Charities, 1873, L.R. 16 Eq. 146; and see Lyons (Mayor
of) v. Advocate-General of Bengal, 1876, 1 A.C. 115.]
Charity-Failure of Objects-ubstitute--Cy-pres.
A testator gave the residue of his estate to an incorporated Company in the city
of London, upon trust to apply one moiety of the income to the redemption of
British slaves in Turkey or Barbary; one fourth part to the support of charity
schools in the city and suburbs of London, where the education is according
to the church of England, not giving to any one above £20 a year; and, in
consideration of the Company's care and pains in the execution of his will,
out of the remaining fourth part, to pay £10 a year to such minister of the
church of England as should from time to time officiate in their hospital,
and the rest to necessitated decayed freemen of the company, their widows
and children, not exceeding £10 a year to any family. And the testator
positively forbade his trustees to diminish the capital by giving away any
part of it, or to apply the income to any use or uses but those mentioned in
his will. The income of a moiety of the residue having for several years
been suffered to accumulate in consequence of there being no British slaves
in Turkey or Barbary, an Information was filed for the administration of
the charity estate, including the accumulations of that moiety; and it appear-
ing that there were no such British slaves to be redeemed, and no other object
having been suggested which, in the opinion of the Court, bore any resemblance
to the redemption of such slaves, it was declared that, after setting apart
a certain sum out of that moiety and its. accumulations, to provide a fund
for the redemption of any British subjects who might thereafter be held
in slavery in Turkey or Barbary, the income of the surplus of that moiety
and its accumulations ought to be applied in supporting and assisting charity
schools in England and Wales, where the education was according to the
church of England, but not to an amount of more than £20 a year to any 3ne
school:-
The Lords, affirming that declaration, agreed that the income of the moiety could
not be applied to any other purpose more in conformity with the testator'.
intentions, and with the object of the charity that failed.
A Court.of Appeal is not disposed to disturb a decree which depends on the dis-
cretion of the Judge, and not upon principle.
Thomas Betton, of the parish of St. Leonard's, Shoreditch, London, by his will,
dated the 15th of February [909] 1723, disposed of his residuary estate in the follow-
ing words:- I give and bequeath the rest and residue of my estate, wheresoever
and whatsoever, to the worshipful Company or Corporation of Ironmongers, of the
city of London, and to their successors, making them my executors; upon this
special trust and confidence in them reposed, that is to say, that they do, with all
convenient speed that may be after my decease, place my estate out at interest upon
good scurity., positively forbidding them to diminish the capital sum by giving
away any part thereof, or that the interest and profit arising be applied to any
other use or uses than hereinafter mentioned and directed: viz., That they do pay
one full half part of the said interest and profit of my whole estate yearly and every
year for ever, unto the redemption of British slaves in Turkey or Barbary; one
full fourth part of the said interest and profit yearly and every year for ever, unto
charity schools in the city and suburbs of London, where the education is according
to the church of England, in which number that in this parish to be always included,
and not giving to any one above £20 a year; and in consideration of the said Iron-
mongers' Company's care and pains in the execution of this my will, the other fourth
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