Re Smythe

Judgment Date08 March 1938
Date08 March 1938
CourtSupreme Court
[S. C., I.F.S.],
In re Smythe

Endowment - Trusts of Endowment - Condition of residence by the incumbent - Limitation to corporation sole - Dissolution of corporation sole - Failure of the condition - Lapse of endowment - Whether resulting trust in favour of grantor - Irish Church Building Acts - 1 Geo. 2, c. 18, ss. 4, 11, 12, 14, 15 and16 - 6 7 Wm. 4, c. 31, s. 11 - 14 15 Vict. c.71 - 14 15 Vict. c. 72, ss. 23, 25 and 26 -Irish Church Act, 1869 (32 33 Vict. c. 42), ss. 12, 13, 20, 21, 70, 72 - Trustee Churches (Ireland) Act, 1884 (47 Vict. c. 10) - Constitution of the Church of Ireland, Ch. IV, ss. 24, 26 -Charitable Donations and Bequests (Ir.) Act.1871 (34 35 Vict. c. 102), s. 12 - Conveyancing Act, 1881, s. 30.

In 1838 W. B. S. built a chapel of case at Collinstown. By deed, dated 8th March, 1838, he conveyed the chapel with (inter alia) a house for the residence of the clergyman of the chapel to the Bishop of Meath of the then Established Church, and he declared that he, his heirs and assigns, should have the sole right of presentation to, and patronage of, the said chapel. This deed recited the statute, 1 Geo. 2, c. 18, and purported to endow the chapel in accordance therewith. By deed, dated 12th April, 1838, the Bishop conveyed the chapel to the "perpetual curate" of the chapel, and who, by virtue of the said statute, was a corporation sole. By deed poll, dated 18th May, 1860, W. B. S. substituted two rent charges for certain of the endowments previously granted by him, and the right of patronage and presentation continued to be exercised by him and his successors until the year 1923. Between 24th August, 1923, and 28th October, 1932, the office of curate of the chapel was vacant. The successor in title of W. B. S.did not appoint to the vacancy and upon 28th October, 1932, the Bishop of Meath nominated one, P. H. R., to be curate of the chapel and also licensed him as curate in charge of a neighbouring church at Drumcree. Under the Land Purchase Acts the Land Commission purchased the lands formerly owned by W. B. S., including those upon which the rent charges were charged, and ultimately the present owner applied to the Judicial Commissioner that the purchase money should be distributed without regard to the rent charges...

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