And I, the said C. D., for myself say as follows:— 2. I have examined the particulars of the several claims mentioned in the paper writing now produced and shewn to me, and marked A, and I have compared the same with the books, accounts, and documents of the said A. B. [or as may be, and state any other inquiries or investigations made], in order to ascertain, so far as I am able, to which of such claims the estate of the said A. B. is justly liable. 3. From such examination (and state any other reasons), I am of opinion, and verily believe, that the estate of the said A. B. is justly liable to the amounts set forth in the sixth column of the first part of the said paper writing marked A; and to the best of my knowledge and belief such several amounts are justly due from the estate of the said A. B., and proper to be allowed to the respective Claimants named in the said Schedule. 4. I am of opinion that the estate of the said A. B. is not justly liable to the claims set forth in the second part of the said paper writing marked A, and that the same ought not to be allowed without proof by the respective Claimants [or, I am not able to state whether the estate of the said A. B. is justly liable to the claims set forth in the second part of the said paper writing marked A, or whether such claims, or any parts thereof, are proper to be allowed without further evidence]. Sworn, &c. No. 4.-Exhibit referred to in Affidavit No. 3. A. (Short Title.) List of claims the particulars of which have been sent in to E. F., the Solicitor of the Plaintiff [or, This paper writing, marked A, was produced and shewn to 18 . 18 . and day You are hereby required to prove the claim sent in by you against the estate of A. B., deceased. You are to file such Affidavit as you may be advised in support of your claim, and give notice thereof to me, on or before the next; and to attend, by your Solicitor, at the Chambers of the Master of the Rolls [or, Vice Chancellor 1, situate at, &c., on o'clock in the noon, being the time appointed the for adjudicating on the claim. day of Dated this To Mr. S. T. day of 18 at G. R., of &c., Solicitor for the Plaintiff [or, Defendant, or as may be]. No. 6.-Notice to Creditor of Allowance of Claim. [Rule 8.] (Short Title.) The Claim sent in by you against the estate of A. B., deceased, has been allowed at the sum with interest thereon at £ of £ and £ for costs. per cent. per annum, from the day of 18 [If part only allowed, add, If you claim to have a larger sum allowed, you are hereby required to prove such further claim, and you are to file [&c., as in Form No. 5]. Dated this To Mr. P. R. G. R., of &c., Solicitor for the Plaintiff [or, Defendant, or as may be]. No. 7.-Notice that Cheques may be received. [Rule 12.] (Short Title.) The Cheques for the amounts directed to be paid to the Creditors of A. B., deceased, by an Order made in this [Matter and] Cause, dated the Accountant General's Office on and after the day of 18 ? , may be received at the 18 G. R., of &c., Solicitor for the Plaintiff [or, Defendant, or as may be]. To Mr. W. S., &c., WESTBURY, C. JOHN ROMILLY, M.R. RICHD. T. KINDERSLEY, V.C. JOHN STUART, V.C. W. P. WOOD, V.C. CASES ARGUED AND DETERMINED IN THE Courts of Chancery, AND ON APPEAL TO THE HOUSE OF LORDS. COMMENCING WITH MICHAELMAS TERM, 28 VICTORIE. Charitable Bequest, Construction of — Mortmain-9 Geo. 2. c. 36. In construing a charitable bequest it is the duty of the Court to ascertain the intention of the testator from the words of the will, without adverting to the existence of the Statute of Mortmain; and if that intention is contrary to the provisions of the statute, the Court ought not to adopt any secondary interpretation for the purpose of escaping from the operation of the statute. A testatrix bequeathed 10,000l. to the Society for the Prevention of Cruelty to Animals, and stated it to be her express wish that this sum and the dividends thereof should be applied by the committee of the Society in such manner as they should think best "towards the establishment in the neighbourhood of London and Westminster of slaughter - houses away from the denselypopulated places in which they were then situated, and for the relief of and protection from cruelty to the animals taken to be slaughtered":-Held, reversing the decision of one of the Vice Chancellors, that the bequest was void by the operation of 9 Geo. 2. c. 36. This was an appeal from a decision of Vice Chancellor Wood, reported in 33 Law J. Rep. (N.s.) Chanc. 438. NEW SERIES, 34.-CHANO. The Viscountess D'Alté, by her will, dated the 4th of September 1848, gave several specific and pecuniary legacies, and amongst others, as follows: "And as to a sum of 20,000l. consols, which will come to me at my mother's decease, and which I have assigned to the trustee of my marriage settlement, I give and bequeath, direct and appoint the same unto the treasurer for the time being for the society called or known by the name of the Royal Society for the Prevention of Cruelty to Animals, established in 1824, to be at the disposal of the committee for the time being of the said society; and it is my express wish, that this sum and the dividends thereof be applied by the said committee in such manner as they shall think best towards the establishment in the neighbourhood of London and Westminster of slaughter-houses away from the denselypopulated places in which they are now situated, and for the relief of and protection from cruelty to the animals taken to be slaughtered." The 20,000l. was afterwards reduced by a codicil to 10,000l., and the testatrix died on the 18th of September 1862. The bill was filed, by one of the legatees, for the purpose of having the trusts of the will performed under the direction of the Court; and upon the question whether the above bequest was valid,— The Vice Chancellor held, that it might be carried into effect without the erection B of buildings or an investment in land, and the gift was therefore valid. The residuary legatee appealed from this decision. Mr. Rolt and Mr. Cotton, for the appellant, cited— Edwards v. Hall, 11 Hare, 1; s. c. 22 The Attorney General v. Williams, 2 The University of London v. Yarrow, Blandford v. Thackerell, 2 Ves. jun., 238; s. c. nom. Blandford v. Fackerell, 4 Bro. C.C. 394. The Attorney General v. Davies, 9 Ves. 535. carrying it into effect, without, in the first instance, adverting to the existence of the Statute of Mortmain. When the intention of the testator has been ascertained, inquiry is then to be made whether the whole or any part of that intention is contrary to the provisions of the statute. But no secondary interpretation ought to be adopted, nor ought the Court to resort to any different mode of administration from that indicated by the testator, even though it may be reasonable in itself, for the purpose of escaping from the operation of the statute. All this is well and concisely expressed by Lord Loughborough in the case of The Attorney General v. Williams (1) in these few words: "The Court will not alter its conception of the purposes of a testator merely because those intentions happen to fall within the prohibitions of the Statute of Mortmain." I have thus stated the rule, because I find, in the report of the present case, and in the reports of previous cases, words attributed to the Vice Chancellor which do not appear to me to express the rule quite accurately. I proceed to consider what is the intention of the testatrix in the present bequest, and what, but for the Statute of Mortmain, would be the mode of giving effect to that intention in this Court. The will directs that the money shall be applied towards the establishment in the neighbourhood of London and Westminster of slaughter-houses away from the densely-populated places in which they are now situated. The Vice Chancellor appears to have made a distinction between "towards the establishment" and "in the establishment," but I cannot allow a verbal refinement of such a subtile nature to influence my decision, or approve of such verbal niceties being resorted to. They would not have been thought of but for the operation of the statute. The word "establishment" involves the idea of putting the charity on a permanent footing. It points to the purchase of sites of land and the erection of permanent buildings; and it cannot be doubted that, if there were no Statute of Mortmain, a bequest to establish a charity, such as a school or an hospital, in any parish or district, would be carried into effect by (1) 2 Cox, 387. |