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![handle is hein.slavery/ssactsengr0750 and id is 1 raw text is: 1064 ATTORNEY-GENERAL V. IRONMONGERS' COMPANY
deed. The case made by the bill is, that this erection will obstruct the view of the
lessees of the new houses which have been built on the adjoining land. Was that the
design of the obligation? The very circumstance of the Bedford family having
surrounded Montagu House with streets and buildings, after having become parties to
this contract (the intention being, that the two contiguous mansions should be in-
habited by noble families), is made the ground on which the equitable relief is sought,
because, otherwise, it is said, these lessees will be prevented from enjoying the view
into the gardens and grounds of the Museum. Would not that be to apply all the
covenants of the deed to a different state of things from that which was the object and
design of both parties?
The question then is, whether a Court of Equity is bound to assist a party to do
that which neither party contemplated, and whether it would not be inequitable,
unreasonable, and unjust to enforce the covenants specifically in the existing state of
the property; and considering it in that view, I entertain a strong opinion that this
is not a case in which the Court ought to interfere.
[575] Upon these grounds, therefore, and without the least imputation upon the
duke or those who advised him, I think he has voluntarily brought the property into
a state which makes this part of the agreement no longer applicable, or which at least
renders it unreasonable that the covenant should be enforced.
At the close of the judgment the Plaintiff's counsel stated that, as the sole object of
the Duke of Bedford, in instituting the suit, was to obtain the opinion of the Court
upon the question of right, it became unnecessary to prosecute the cause further.
An order was accordingly taken, by arrangement between the parties, dismissing
the bill.
[576] ATTORNEY-GENERAL V. THE IRONMONGERS' COMPANY. Rolls. Nov. 12, 1833;
L. C., Nov. 18, 21, 1834.
[S. C. Cr. & Ph., 208; 2 Beav., 313; 10 Cl. & Fin., 908; 3 L. J. Ch. (N. S.), 1 ; 10
Beav., 194. Discussed, In re Prison Charities, 1873, L. R. 16 Eq., 146. See Mayor
of Lyons v. Advocate-General of Bengal, 1876, 1 App. Cas., 115.]
A testator gave the residue of his estate to trustees, positively forbidding them to
diminish the capital thereof, or that the interest and profit arising be applied to any
other use or uses than thereinafter directed ; and he proceeded to direct one moiety
of the income to be applied to a charitable purpose which failed; and the other
moiety to be applied to other specified charitable purposes. Held, upon appeal,
that the Court had jurisdiction to apply eyprs the income of the moiety devoted to
the charitable purpose which failed.
The residuary clause of the will of Thomas Betton, which was dated in February
1723, was as follows :- I give and bequeath the rest, residue, and remainder 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 securities, 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 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 is 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
part of the said interest and profit, yearly and every year for ever, to the uses
following; viz., £10 a year to such minister of the church of England as they shall
from time to time entertain in their aforesaid hospital for performing divine worship
2 MY. & K. 575.](ViewImageLocal?handle=hein.slavery/ssactsengr0750&div=1&collection=&method=preview&ext=.png&size=3)