Swifte v The Attorney-General

• Jurisdiction: Ireland
• Judge: Barton, J.
• Judgment Date: 23 March 1910
• Date: 23 March 1910
• Court: Court of Appeal (Ireland)

Swifte

and

The Attorney-General.

Barton, J.

CASES

DETERMINITD BY

THE CHANCERY DIVISION

OF

THE HIGH COURT OF JUSTICE IN IRELAND.

AND BY

THE IRISH LAND COMMISSION,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL.

1912.

Will — Devise — Perpetuity — Charitable gift — Society for the benefit of animals — Animals useful to man — Cats' home.

A testatrix bequeathed to the Commissioners of Charitable Donations and Bequests £4000, New Consols, “upon trust to apply the income for the exclusive maintenance of the D. Home for Starving and Forsaken Cats …. including the maintenance of the chloroform chamber now existing, or any other painless method of putting an end to cases of hopeless suffering, and the maintenance of the boarding department, but for no other purpose, as the D. Society for the Prevention of Cruelty to Animals are bound, under deed of 27th February, 1888, to provide for rent, taxes, repairs, caretaker's wages, and all other expenditure.”

Held, that the bequest in favour of the Home for starving and forsaken cats was a valid charitable gift.

By her will, dated 9th February, 1905, Miss Mary Alice Swifte, made the following (among other) bequests:—“I bequeath to the Commissioners of Charitable Donations and Bequests for Ireland the sum of £4000, New Consols, now standing in my name in the books of the Bank of Ireland (or such sum as will purchase the sum of £4000 New Consols), upon trust to apply the income and dividends thereof for the exclusive maintenance of the Dublin Home for Starving and Forsaken Cats, at Grand Canal Quay, in the city of Dublin (and by which name I expresssly desire that it shall continue to be known), including the maintenance of the chloroform chamber now existing, or any other painless method of putting an end to cases of hopeless suffering, and the maintenance of the boarding department, but for no other purpose, as the Dublin Society for the Prevention of Cruelty to Animals are bound under a deed dated the 27th of February, 1888, to provide for rent, taxes, repairs, caretaker's wages, and all other expenditure.” After various other provisions and bequests testatrix devised and bequeathed the residue of her real and personal estate to her executors and trustees upon trust after payment of her funeral and testamentary expenses and debts to pay the income thereof to Ernest Godwin Swifte for life, and after his death to divide the same between her nephews named in the will in equal shares. Testatrix died on the 9th April, 1909, and probate of her will was duly granted to the plaintiffs as executors.

The Dublin Home for Starving and Forsaken Cats was on the same site, comprised in the same lease, and under the same general control as the Home for Lost and Starving Dogs, but it was separately managed. The separate accounts of the Cats' Home, as distinguished from the Dogs' Home, in the report of 1907, showed receipts and expenditure of about £270. The items of expenditure included matron's and assistant secretary's wages, food for the cats, medical fees, medicine and disinfectants, bedding, rescue work, printing, postage and miscellaneous expenses of that kind. The objects of the Cats' Home were stated in the report as follows:—“The primary object of this home is to receive, feed, and shelter cats found starving, lost, deserted, and unclaimed (abandoned often by heartless people in empty houses, areas, &c.) until they can be humanely disposed of. Cats are also taken in as boarders at one shilling, one and sixpence, and two shillings per week, according to requirements; and kittens at sixpence per week each, during the temporary absence of their owners during the summer months' holiday season, &c.”

One thousand and seventy-one cats were received into the stray department of the home during the year 1907, and the report stated that the home was not maintained by the Society for the Prevention of Cruelty to Animals, and was a distinct institution from any other. The boarding department of the home was self-supporting. The Society for the Prevention of Cruelty to Animals was originally founded about sixty-five years ago, and recently incorporated, having been previously governed by a Committee elected annually by the subscribers; and in 1884, by resolution, the Committee accepted donations of a sum of money collected by Miss Swifte, and of £500 from Mr. Kennett, “to be held in trust by them for the permanent...