Copinger v Crehane

• Jurisdiction: Ireland
• Judgment Date: 01 June 1877
• Date: 01 June 1877
• Court: Chancery Division (Ireland)

V. C. Court.

COPINGER

and

CREHANE.

Morice v. The Bishop of Durham 9 Ves. 399.

Williams v. Kershaw 5 L. J. Ch. N. S. 84.

Ellis v. Selby 3 M. & Cr. 286.

Felan v. Russell 4 Ir. Eq. R. 701.

Will — Charitable bequest — Discretionary power of selection vested in trustee —— Direction in trustee's will as to application of gift sufficiently definite to exclude the interposition of the Crown by sign manual.

Vot. XI.] EQUITY SERIES. THE VICE-CHANCELLOR : I think that on the authority of the case of TTanrenen v. Piffard I am at liberty to make an order for the administration of the real and personal estate of the testator, notwithstanding the fact that the Plaintiff combines with his character of legatee that of executor and trustee. But it must be on an undertaking on his part to account for the assets come to his hands, or to the hands of anyone by his order or for his use, as executor or devisee in trust. Solicitor for the Plaintiff : Mr. F. G. Rynd. Solicitor for the Defendant : Mr. M. T. O'Brien. COPINGER v. CREHANE. Will-Charitable bequest-Discretionary power of selection vested in trustee-Death of trustee before exercising his discretion by act inter vivos-DirecÂÂÂtion in trustee's will as to application of gift sufficiently definite to exclude the interposition of the Crown by sign manual. Residuary gift by will to a Roman Catholic bishop, " to be applied by him in his discretion for such charitable purposes as he might think fit, for the purÂÂÂpose of promoting the glory of God, and the advancement and benefit of the Roman Catholic religion." The residuary devisee and legatee in trust died -before selecting by any act inter vivos the purposes to which the gift should be applied, but by his will directed that £1000, portion thereof, should be applied by his executors for the advancement and benefit of St. C.'s College at F., and that the residue should be applied by his executors towards the erection and completion of the R. C. Cathedral at Q. :- Held, 1st.-That the residuary gift to the bishop was a valid charitable gift. 2ndly.-That the bishop's will contained sufficiently definite directions as to the application of the gift, to exclude the interposition of the Crown by sign manual. V. C. Court. 1877. June 1. MICHAEL CREHANE, by his will, dated the 17th of January, 1868, devised and bequeathed his residuary estate to the Right Rev. Wm. Keane, Roman Catholic Bishop of Cloyne, "to be applied by him in his discretion for such charitable purposes as he may...