Sims v Quinlan

• Jurisdiction: Ireland
• Judgment Date: 23 January 1865
• Date: 23 January 1865
• Court: Court of Appeal in Chancery (Ireland)

Ch. Appeal.

SIMS

and

QUINLAN.

Thornbury v. WilsonENR 4 Drew. 350.

Greaves v. Case 1 Ves. jun. 552.

The Attorney-General v. GladstoneENR 13 Sim. 7.

Carbery v. CoxUNK 3 Ir. Ch. Rep. 235.

Mayor of Haverford v. Ryder 3 De G., M'N. & G. 353.

Cary v. Abbott 7 Ves. 490.

Moggridge v. Thackwell 7 Ves. 75; S. C., on appeal, 13 Ves. 416.

The Attorney-General v. BaxterENR 1 Vern. 248.

Da Costa v. De Pas 1 Ambl. 228; S. C., 2 Swanst. 487.

Isaac v. Gompertz 1 Ambl. 228; in notis.

The Wheatly Church Case 4 Ves. 418.

Corbyn v. French 4 Ves. 418.

The Attorney-General v. Lady DowningENR Wilm. 32.

Rex v. PortingtonENR 1 Salk. 162.

The Attorney-General v. Todd 1 Kee. 803.

Cherry v. Mott 1 Myl. & Cr. 123.

Wilson v. SquireENR 13 Sim. 212.

Daly v. The Attorney-GeneralUNK 11 Ir. Ch. Rep. 45.

Jeffries v. Alexander 8 H. of L. Cas. 594.

The Attorney-General v. Conway 10 H. of L. Cas. 89.

The Incorporated Society v. Richards 1 Dr. & War. 258.

The Attorney-General v. Philpots 6 H. of L. Cas. 338.

De Garcia v. Lawson 4 Ves. 433.

The Attorney-General v. PowerUNK 1 B. & B. 154.

West v. ShuttleworthENR 2 My. & K. 698.

Read v. HodgensUNK 7 Ir. Eq. Rep. 17.

The Attoney-General v. The Bishop of ChesterENR 1 Br. Ch. Cas. 1.

The Attorney-General v. GouldingENR 2 Br. Ch. Cas. 428.

Mills v. Farmer 19 Ves. 482.

The Attorney-General v. Tidman 2 Jac. & Wal. 277.

Heath v. ChapmanENR 2 Drew. 417.

OliverENR 11 Beav. 21.

Clark v. TaylorENR 1 Drew. 642.

Turer v. OgdenENR 1 Cox, Ch. Cas. 316.

Russell v. Kellett 3 Sm. & Goff. 264.

Gates v. JonesENR 2 Vern. 266.

The Attorney-General v. CockENR 2 Ves. sen. 273.

Bunting v. MarragutENR 19 Beav. 163.

The Attorney-General v. GuiseENR 2 Vern. 266.

De Themmines v. BonnevalENR 5 Russ. 288.

Thrupps v. ColletENR 26 Beav. 125.

Wheatly Church caseENR 2 Cox. Ch. Cas. 364.

Carbery v. CoxUNK 3 Ir. Ch. Rep. 231.

CHANCERY REPORTS. 43 1864. Ch. Appeal. Court of Tippet(' in ebanetrp. SIMS v. QUINLAN. Nov. 22, 23. 1865. Jan,. 23, Menem. JOHN Sims, by his will, dated the 15th of November By a will, made in 1861, 1861, made the following bequests, amongst others :-" I bequeath a testator qlie a t h d o be- St. Dwb Dominicki tee uil ntle5O that Ot 500 to the Rev. Robert White and the Rev. Bartholomew Thomas to two Ro- Russell of St. Saviour's Roman Catholic Church Dublin Catholic , , , or the p man priests, , Cand of the survivor survivors of them, to be applied, as they shall deem best, for the them, to be maintenance and education of two priests of the order of St. Domi- they applied as the should deem nick in Ireland." the best, for education and "I bequeath 500 to the Rev. Patrick Thomas Conway, of maintenance of two priests of St. Mary's Priory, Cork, Roman Catholic clergyman." of the order The testator appointed James R. Sims his residuary legatee, and in Ireland. .Jeremiah Quinlan and John Egan his executors. twhaesffedo, h , by bequest mq y the void, h A petition for the administration of the testator's personal estate was presented by James R. Sims ; and the matter having been operation 10 G. of 4, the referred to Master Brooke, under the 15th section of the Court c. 7 (the CaÂÂtholic Relief of Chancery (Ireland) Regulation Act 1850, charges were filed by Act), as inÂÂvolving the the Rev. R. White, the Rev. B. T. Russell, and the Rev. P. T. commission of rendered pu- tl h Act. m the testa- will t . by same Conway, claiming the legacies bequeathed to them respectively. It misdemeanors appeared, upon the evidence in the case, that the order of St. Domi- that sa nick is a religious order of the Church of Rome, bound by religious By ht aAb and monastic vows, and having establishments in Ireland consisting teodr b5ectoquetaet he- -of members, some of whom were such at the date on which the Roman Catho lic priest, upon Roman Catholic Relief Act (10 G. 4, c. 7) came into operation. a secret trust, tohe re apply it - dempto The Rev. Messrs. White and Russell were amongst those who t delivered to the Clerks of the Peace of the several counties where of a Rthe- o rent tion of man Catholic church in Cork, held by certain Dominican monks as trustees, and used as one of the principal places of Roman Catholic worship in that city. Held, that the bequest was voidr as contrary to the policy of the 10 G. 4, c. 7 (the Catholic Relief Act); and that, being confined to a particular charitable purpose, it could not be carried out cy-pres. 44 CHANCERY REPORTS. the establishments with which they were connected were situated, the notice or statement required by the 28th section of the 10 G. 4, c. 7, and the schedule annexed to that Act. As to the legacy to the Rev. Patrick Thomas Conway, it was admitted by him that it was left to him upon a secret trust. He stated that, in a conversation with the testator, the latter informed him that he had bequeathed, or would bequeath to him the sum of 500, and that this sum was to be applied by him in or towards the redemption of the rent of the Roman Catholic church or chapel known as St. Mary's Church, on Pope's-quay, in the city of Cork. It appeared that the church of St. Mary's was held by certain clergymen, as trustees, subject to a yearly rent of 60, or thereÂÂabouts ; that Mr. Conway and the trustees were Dominican monks, and that the church was one of the ordinary and principal places of Roman Catholic worship in the city of Cork. Master Brooke, by an order dated the 4th of March 1864, deÂÂclared that the bequests were void under the 10 G. 4, c. 7 ; and that being so by the Statute Law, the sums thereby bequeathed formed part of the residuary estate of the testator. The legatees appealed from this order to the Master of the Rolls, who held that both bequests were void, as contrary to the policy of the...