THE COMMISSIONERS of CHARITABLE DONATIONS and BEQUESTS v WYBRANTS. [Chancery.]

• Jurisdiction: Ireland
• Judgment Date: 22 February 1845
• Date: 22 February 1845
• Court: Chancery Division (Ireland)

Chancery.

THE COMMISSIONERS OF CHARITABLE DONATIONS AND BEQUESTS

and

WYBRANTS.

Incorporated Society v. RichardsUNK 1 Dru. & War. 258; S. C. 4 Ir. Eq. Rep. 177.

Attorney-General v. Persse 2 Dru. & War. 67.

Miles v. Farmer 19 Ves. 486.

Attorney-General v. KerrENR 2 Beav. 420.

Attorney-General v. BrettinghamENR 3 Beav. 91.

Attorney-General v. Christ's HospitalENR 4 Beav. 73.

Salter v. CavanaghUNK 1 Dru. & Wal. 668, 687.

Attorney-General v. Persse 2 Dru. & War. 69.

Philippo v. Munnings 2 M. & Cr. 309, 314.

Ward v. ArchENR 12 Sim. 472.

Attorney General v. Fishmongers' Company 5 M. & Cr. 16.

King v. DennisonENR 1 Ves. & Bea. 262, 272.

Townshend v. TownshendENR 1 Bro. C. C. 551.

Llewllyn v. Mackworth Barnard. 445.

James v. Salter 3 Bingh. N. C. 544; S. C. 4 Scott, 168.

Duke Duke, p. 160, c. 7, div. iv., s. 3.

Stackhouse v. Barnston 10 Ves. 453; see p. 467.

Salter v. CavanaghUNK 1 Dru. & Wal. 668.

Philippo v. Munnings 2 M. & Cr. 309.

Baily v. Ekins 7 Ves. 319; see p. 323.

Mills v. Farmer 19 Ves. 483.

King v. Dension 1 V. & Bea. 260; see p. 272.

580 ClkSES IN EQUITY. 1845. Chancery. Jan. 30, 31. Feb. 22. Charities are bound by the Statute of LiÂmitations 3 & 4 W. 4, c. 27. A testator devised his estal3e to trusÂtees on trust to convey it to W. and his sons in strict settleÂment, subject to and charged and chargeÂable with cerÂtain annuities for charities, giving a joint leasing power to the trustees, and a direction applicable to them, to pay the annuities. W. went into possession and continued so for nearly thirty years after the anÂnuities became payable, withÂout any payÂment being made on acÂcount of them, and he and his eldest son reÂsettled and mortgaged the estate. No conveyance was ever made by the trustees. Held, that the legal estate being still in the trustee, there was an express trust for the benefit of the charities within the 25th section of the Act; and also that, even if the case was to be considered as if the trustees had conveyed, the charge created an express trust within that section, and therefore time was no bar. the question when a charge creates an express trust considered. CASES IN EQUITY. 581 said annuity of £20, I hereby order and direct shall be a full discharge 1845. and satisfaction of the annuity of £20 granted by the said last-mentioned Chancey. deed, pursuant to the covenant in the said deed ; and also subject to and THE COMMIS- SIONERS OF charged and chargeable with one other annuity of £30 yearly to be CHARITABLE paid out of the rents of said lands of Rogerstown and Ballinlagh, to the DONATIONS said Sarah Wybrants during her natural life ; the said two annuities of WYBRANTS. £20 and £30 to be" paid to her separate use, half yearly on each 1st of January and 1st of July ; the first payment to be on whichever of those days shall first happen after the testator's decease, and her receipt only • to be a sufficient discharge ; " and from and immediately after her decease, subject and charged and chargeable with one annuity of £25 yearly to be paid to the trustees or governors of the Lying-in Hospital, in Great Britain-street, Dublin, for the use of the said charity ; and also subject to and charged and chargeable with one other annuity of £25 yearly to be paid out of the rents of the said lands of Rogerstown and BallinÂlagh, to the governors of the Hibernian Marine Society in Dublin, for the use of the said charity ; and from and immediately after my decease, subject to and charged and chargeable with one annuity of £20 yearly to be paid to the said John Bowers, my servant, during his natural life ; and from and immediately after his decease, subject to and charged and chargeable with one annuity of £20 yearly to be paid to the governors or treasurer of the King's County Infirmary ; and also subject to and charged and chargeable with one other annuity of £5 yearly to the poor of the parish in which the said lands of Rogerstown and Ballinlagh are situated; and from and immediately after the death of the said Joseph Henry Wybrants, subject to the said several annuities, to the use and behoof of his first and every other son and sons severally, and in remainÂders, one after another according to seniority of age, and the heirs male of such son and sons lawfully issuing ; and for default of such issue," to the use of John Wybrants, second son of the aforesaid John Wybrants, for life, with remainder to trustees to preserve, &c.; " and after the death of the said John Wybrants, subject to the said several annuities, to the use" of John's first and other sons in tail ; "and for default of such issue, subject to the said several annuities, to the use of " the third, fourth and other sons successively of John Wybrants, the elder, by Sarah Wybrants, for life, with remainders to their issue in tail; with remainder "to the use and behoof of my own right heirs, subject, nevertheless, and charged and chargeable with the said four annuities of £25, £25, £25, and £25 last mentioned. And, I do hereby order and direct that the said several annuities shall, after my death, be paid half-yearly, the first payment of each to be made the 1st of January or 1st of July after my death that shall first happen ; and I charge and incumber my said several estates, lands and premises hereinbefore mentioned with the said several annuities for the purposes hereinbefore expressed concerning 582 CASES IN EQUITY. the same." The will then gave a power of leasing to the trustees and the person who should be in possession of the estates by virtue of any of the foregoing limitations. This was followed by several specific...