They also argued, that this construction was aided by the circumstance, that in the latter part of the clause, the word "advancement" was omitted, so that a marriage portion would not be liable to be brought into hotchpot. As to the costs, Blinston v. Warburton (1), was cited. THE MASTER OF THE ROLLS: This is a very ill-penned instrument, but I am unable to understand what can be meant by the words, " for their advancement in life," unless it be something additional to and beyond. placing the issue out to a "profession, trade or business." What then can be meant by an "advancement in life," which is not putting them out to a "profession, trade or business?" It is difficult to conceive any occasion on which it can arise, except by marriage. I think, that by the introduction of the disjunctive "or," something different is meant from a profession, trade or business, and as applied to daughters, the only other occasion for an advancement in life is their marriage. It is a common expression to say, that a sum was given to a daughter by way of advancement on her marriage. I can give no other rational sense to it. The subsequent omission of the word "maintenance" *does not cut down the effect of the prior words. It is but an ineffectual attempt to reiterate what had gone before. I must, therefore, answer the case in the affirmative. As to the costs, as the settlement gives no authority to raise the costs, I think they ought to be paid out of the 2,000l. THOMPSON v. CORBY (2). (27 Beav. 649-650; S. C. 8 W. R. 267.) A gift of a legacy to be divided "between twenty aged widows and spinsters of the parish of P-" is a good charitable gift. THE testatrix appointed two executors, and then directed them to pay her sister, during her life, "the interest of 1,600l., now standing in the Three and a quarter per cent. Consols." At her sister's death, the testatrix gave two sums of 600l. and 4001. "of the aforesaid capital of 1,6001." to some legatees, and proceeded in these words: "And I give the interest of the remaining six hundred of the aforesaid sixteen hundred pounds to be divided equally, twice in the year, between twenty aged widows and spinsters of the parish of Peterborough." The question was, whether this was a good charitable bequest. Mr. Lloyd and Mr. George Simpson for the plaintiff. (1) 110 R. R. 291 (2 K. & J. 400). (2) In re Dudgeon, Truman v. Pope (1896) 74 L. T. 613. CORBY. Mr. Higgins for the residuary legatee [contended that this THOMPSON bequest was not a gift for any purpose of general public utility nor for the relief of poverty, and could not be supported as a charitable legacy: Morice v. The Bishop of Durham (1), nor was it for any of the objects specified in the Statute of Charitable Uses (43 Eliz. c. 4)]. Mr. Wickens referred to Attorney-General v. Comber (2) where a bequest to the widows and orphans of the parish of L-- was held to be a good charitable bequest. He was stopped by the COURT. THE MASTER OF THE ROLLS: If the matter had depended on the statute alone, I should have thought that the word "aged" would have been sufficient to create a good charitable bequest; but the case of AttorneyGeneral v. Comber determines that a bequest to the widows and orphans of a parish necessarily implies that it is for such as are suffering from destitution or privation. THE GOVERNORS OF THE CHARITY FOR THE RELIEF (27 Beav. 651-666; S. C. 29 L. J. Ch. 393; 6 Jur. N. S. 584.) The investment by a charity of its voluntary contributions in land or other permanent security cannot convert it into an "endowment.' Where land had, in 1682, been purchased by a charity and paid for out of the general funds voluntarily contributed to its support: Held, that it was not an "endowment" within the Charitable Trusts Acts, so as to require the consent of the Charity Commissioners to a sale of it. THIS was a special case stated for the opinion of the Court under the 13 & 14 Vict. c. 35, upon the following statement: By letters patent granted by King Charles the 2nd, and dated the 1st of July, 1678, after reciting that his Majesty was informed, by the humble petition of divers of his loving subjects who were sons of clergymen, that several charitable and welldisposed persons, the children of clergymen and others, had (1) 7 R. R. 765 (9 Ves. 399). (2) 25 R. R. 163 (2 Sim. & St. 93). (3) This case was followed by STIRLING, J., in In re St. John Street Wesleyan Methodist Chapel, Chester [1893] 2 Ch. 618, and was considered and to some extent questioned by the Court R.R.-VOL. CXXII. of Appeal in In re Clergy Orphan Cor- 37 [650] 1859. Dec. 2, 3. 1860. Jan. 16. Rolls Court. [ 651 ] OF POOR ተ. SUTTON. [ *652 ] GOVERNORS appeared very free and forward in contributing to the relief and FOR RELIEF maintenance of such of the widows and children of loyal and orthodox clergymen as were poor and indigent, which had been to good effect in placing out many of the said poor children apprentices, and towards the maintenance of others at the University, and to the relief of many of the said poor widows; and reciting that his Majesty was informed and well assured, that if he would be graciously pleased to erect and settle a corporation for the receiving, managing and disposing of the said charity, they should not only be encouraged to *continue and enlarge such their contributions, but divers others would be likewise induced to extend the like charity to the uses aforesaid, his Majesty willed, ordained, constituted, declared and granted that Francis, Earl of Longford, then Lord Bishop of Rochester, and certain other persons named therein and their successors, to be elected and chosen in the manner thereinafter expressed, should, from time to time, for ever thereafter, be and by virtue of the now stating letters patent should be one body politic and corporate, in deed and in manner, by the name of "The Governors of the Charity for Relief of the Poor Widows and Children of Clergymen," and have perpetual succession, and that they might be capable to purchase, have, take, receive and enjoy lands, &c., and other hereditaments not exceeding the yearly value of 2,000l., and also all manner of goods, chattels and things whatsoever, of what name, nature or quality soever they might be. And also to give, grant, set, let, demise, alien and assign, and dispose of the same lands, &c. [ *653 ] The court of assistants was to have the whole government, management and direction of the affairs and business of the corporation. The court of assistants were to have power to determine, ordain and make any ordinances, &c. &c. touching or concerning the good estate, rule, order and government of the corporation, as well in all matters and causes touching or concerning the said corporation as also the electing of officers, and disposing, ordering and managing of the lands, moneys, revenues and profits that should be given to or acquired by the corporation. Further licences to hold lands in mortmain were granted to the corporation on the 6th of December, 1714, *the 6th of February, 1810, and the 20th of December, 1810. "The governors had, ever since the grant of the letters patent, acted in the execution of the charitable purposes for which the corporation was formed. During the earlier period of its existence, the funds of the corporation arose entirely from voluntary donations and subscriptions. The governors were GOVERNORS OF POOR WIDOWS, &C. OF v. SUTTON. now the owners of extensive landed estates in various parts of England, arising either (1) from conveyances made to them for the general purposes of the charity, (2) from devises made to them before the Act 9 Geo. II. c. 36, for the general purposes CLERGYMEN of the charity, or (3) from purchases, from time to time, made by them out of the general funds of the corporation in their hands. These general funds were the produce of voluntary subscriptions, donations or bequests, or of collections which used formerly to be, from time to time, made for the benefit of the charity, or represented accumulations of the income arising from the fixed property of the charity. The charity had frequently received and still frequently received legacies, and had a subscription list for donations and subscriptions, and considerable sums, arising from these sources, had, from time to time, been, and still, from time to time, were carried over to the general funds of the charity." The governors had also, from time to time, accepted gifts or grants, for special charitable purposes distinct from the general purposes and objects of the corporation; but no question with regard to any property so situate arose in the present case. In the latter part of the year 1682, the corporation contracted for the purchase of an estate in Capel Court, *Bartholomew Lane, in the city of London, for the sum of 2,8321. 5s. The following extract from a resolution come to at a court of assistants held 28th March, 1683, (taken from the books of the corporation) will show the nature of the transaction: "The deeds of purchase of the estate in Capel Court, Bartholomew Lane, in the names of Thomas Langham, George Torriano, Esqrs., and Thomas Bedford, gent., the present treasurers of this corporation, and Roger Jacson, late treasurer, were brought in, which deeds being perused were approved of, and the thanks of the court given to the managers of the said purchase. And it was ordered, that the said four trustees and their heirs (performing the trusts reposed in them) should be saved harmless by reason of the using their names in the said purchase. And Mr. Bedford gave in an account that he had paid, as stock of this corporation, towards the said purchase, 4321. 5s., although he had not so much in his hands, and that 2,4001. (being the rest of the purchase-money) had been borrowed of the several persons mentioned in the schedule annexed to the deed of the purchase. And the court ordered, that all care should be taken for payment of the aforesaid debt of 2,4001., and interest thereof, accordingly, and that as the treasurers for the time being should have any considerable sum in their hands, they should endeavour to pay off some of the said debt and not only take [ *654] GOVERNORS in Mr. Bedford's certificates to be cancelled, but also to take such releases and discharges as counsel should advise." FOR RELIEF OF POOR WIDOWS, &C. OF SUTTON. [ *655] 66 The deeds mentioned in the resolution were deeds of lease CLERGYMEN and release, dated respectively the 21st and 22nd of March, 1682 (Old Style) conveying the property to Langham and others as trustees for the corporation. Habendum upon this special trust and confidents, and to the intent and purpose, that they should, in the first place, *by sale, mortgage or out of the rents raise and pay the several debts and sums of money mentioned in the schedule annexed thereto unto persons therein mentioned, and subject thereto, to stand seised of the property in trust for and for the benefit of the governors of the Charity for Relief of Poor Widows and Children of Clergymen and their successors, and shall and may from time to time convey and dispose of the same accordingly." To this indenture a schedule was annexed, containing the names of twelve persons by whom money had been advanced for the purchase, and the amount so advanced by each of them. [ *656 ] Subsequently and before the 26th of March, 1684, six of the persons mentioned in this schedule were paid, and the others. accepted bonds of the corporation for the amounts due to them, and consented to release the property from their claims. And by an indenture dated the 26th of March, 1684, and made between the persons who, together with the four trustees, had lent the 2,4001. of the second part, and the governors of the Charity for the Relief of Poor Widows and Children of Clergymen of the third part, the estate in question was conveyed to the corporation in fee simple, discharged from any claim of the parties thereto of the first and second parts, or any of them. No special trust whatever was declared by either of the indentures of the land so conveyed to the corporation. "As no accounts of the charity funds, during the first years of its existence, could be discovered, if, in fact, any such accounts were kept, it did not distinctly appear from what sources the moneys borrowed for the said estate were repaid. How such repayment was *effected could only be gathered by way of inference from the general course of proceedings, as shown by the minute books of the court of assistants of the corporation," which extended from the origin of the corporation down to October, 1708, which it was agreed should form part of this case. The estate continued in the possession of the corporation without interruption, from that time until now, and the income arising from it had always been applied to the general purposes of the charity. |