The Incorporated Society in Dublin for Promoting English Protestant Schools in Ireland. v The Right Hon. John Richards and Others

• Jurisdiction: Ireland
• Judgment Date: 28 November 1841
• Date: 28 November 1841
• Court: Court of Chancery (Ireland)

Chancery.

THE INCORPORATED SOCIETY IN DUBLIN FOR PROMOTING ENGLISH PROTESTANT SCHOOLS IN IRELAND.

and

The Right Hon. JOHN RICHARDS and others.

Strode v. Russell 2 Ver. 621.

Chester v. ChesterENR 3 P. Wms. 55.

Cooke v. GerrardENR 1 Saund. 180.

Church v. Munday 15 Ves. 396.

Mostyn v. Champneys 1 Scott, 293.

Isabel Goodchepe's case Year Book, 49 Ed. 3, 18.

The Mayor of Reading v. Lane Tot. 32; S. C. Duke's Ch. Us. 81.

AnonymousENR 3 Leon. 18.

Attorney-General v. Downing Wilmot's Cas. & Op. 1.

Ib. 24.

The Clockmakers' CompanyUNK 1 B. C. C. 81.

The Attorney-General v. TancredENR 1 Eden, 14, n.

The Attorney-General v. BradleyENR 1 Eden, 483.

The Attorney-General v. The Skinners' CompanyENR 2 Russ. 420.

The Master of Brentwood SchoolENR 1 My. & K. 376.

The Attorney-General v. Flood Hayes, 611.

Attorney-General v. The Mayor of BristolENR 2 Jac. & W. 321.

The Attorney-General v. The Mayor of ExeterENR Jacob, 443.

Carwarden v. CarwardenENR 1 Eden, 27.

32 G. 2, c. 31, corresponding with the 7 & 8 W. 3, c. 37, Eng.

Fitzherbert N. B. 226, note.

10 Car. 1. sess. 2, c. 2.

St. Bartholomew's HospitalENR 3 Leon. 18.

Anonymous caseENR 1 Ch. Cas. 267.

Jenner v. HarperENR 1 P. Wms. 247.

The Attorney-General v. Barnes 2 Ver. 597.

The Attorney-General v. BradleyENR 1 Eden, 487.

The Attorney-General v. Sibthorpe 2 R. & My. 115.

Sonley v. The Clockmakers' CompanyUNK 1 B. C. C. 81.

The Attorney-General v. The Skinners' CompanyENR 2 Russ. 420.

The Attorney-General v. The Skinners' CompanyUNK 5 Mad. 206.

The Attorney-General v. Brentwood SchoolENR 1 My. & K. 376.

The Attorney-General v. Flood Hayes, 611, and Hayes & Jones, Ap. 21.

Glover v. SpendloveUNK 4 B. C. C. 337.

Lessee Crow v. Noble Smith & Batty, 12.

ENR Co. Lit. 99, a.

Kitchen on Courts p. 79, 4th ed.

Comyn's Digest Tit. Capacity, B. 3.

Wilmot's Cas. & Op. 24.

ENR 2 Eden. 14.

Attorney-General v. Sibthorpe 2 R. & My. 115.

Symons' case Duke, 163.

Howard's case Duke, 136.

Pitts v. JamesENR Hobart, 122.

The Attorney-General v. The Corporation of DublinENR 1 Bligh, N. S. 347.

Attorney-General v. Flood Hayes & Jones, App. 32.

ENR Sa. &. Sc. 607.

BrettinghamENR 3 Beav. 91.

The Attorney-General v. KerrENR 2 Beav. 420.

Beachcroft v. BroomENR 4 T. R. 441.

Strode v. RussellENR 2 Vern. 621.

Chester v. ChesterENR 3 P. Wms. 56.

Morgan v. SurmanENR 1 Taunt. 292.

Glover v. SpendloveUNK 4 B. C. C. 337.

The Attorney-General v. Vigor 8 Ves. 256.

Lessee Crow v. Noble Smith & Bat. 12.

Goodtitle v. MilesENR 6 East, 503.

Church v. Mundy 12 Ves. 406.

The Attorney-General v. Mayor of Bristol 2 J. & W. 294.

ENR 1 S. & Sc. 608.

The Attorney-General v. The Skinners' CompanyENR 2 Russ. 407.

Flood's caseENR Hobart, 136.

Bennett College v. The Bishop of London 2 Black. 1132.

Sonley v. The Clockmakers' CompanyUNK 1 B. C. C. 81.

34 Henry 8, c. 5.

Simons' case Duke, 163.

Duke s. 154.

Duke pp. 360, 361.

Ch. Cases p. 267.

The Attorney-General v. NewmanENR 1 Ch. Cas. 157.

Eyre v. The Countess of ShaftesburyENR 2 P. Wms. 118.

The Attorney-General v. TancredENR 1 Eden, 14.

The Attorney-General v. BradleyENR 1 Eden, 487.

The Attorney-General v. SibthorpeENR 2 Russ. & My. 116.

Wil. Cas. & Op. 24.

The Attorney-General v. Flood Hayes, 630.

The Attorney-General v The Skinners' CompanyENR 2 Russ. 420.

In The Attorney-General v. The Master of Brentwood School 1 My. & Kee. 376.

p. 390.

The Attorney-General v. The Skinners' CompanyUNK 5 Mad. 200.

Porter's caseENR 1 Co. Rep. 22.

The Attorney-General v. The Corporation of DublinENR 1 Bligh, N. S. 346.

The Attorney-General v. Bowyer 3 Ves. 714.

p. 726.

Jener v. HarperENR 1 P. Wms. 247.

Vol. 1, p. 474.

Vol. 1, p. 476.

The Attorney-General v. Flood Ha. & Jones Ap. 30.

Hayes, 624.

Hayes, 634.

ENR 1 Sa. & Sc. 609.

Sonley v. The Clockmakers' Company Ante.

CASES IN EQUITY. 177 1841. Chancery. THE INCORPORATED SOCIETY IN DUBLIN FOR PROMOTING ENGLISH PROTESTANT SCHOOLS IN IRELAND. V. The Right Hon. JOHN 'RICHARDS and others. NOV. 22, 23, (Chancery.) 24, 25, & 28. TOPHAM MITCHELL, being in and previous to the month of September T. M. being seized of fee 1764, seized of an estate tail in the lands of Portlehane and other deno- simple lands, minations in the county of Tipperary, and in the lands of Newtown in had,by articles previous to his the county of Dublin, by articles executed previously to, and in contem- marriage, plation of, his marriage with Jane Lord, bearing date the 22nd of agreed to con vey them to September 1764, and made between himself of the first part, William trustees upon trust for him- Lord and Jane his daughter, of the second part, and Mathew Lord and self for life, Endymion Lawson of the third part, covenanted whenever a fine and and at his death to secure recovery of the lands of which he was tenant in tail should be levied and a jointure for his widow, and suffered, to convey the said lands to the trustees and their heirs upon subject thereto trust after the solemnization of the intended marriage, to permit him to upon trust for thefirst and receive the rents during his life, and after his decease to permit his in- other sons of tended wife, in case she should survive him, to receive a jointure of £150 the marriage in tail ; re per annum, and subject thereto upon trust for the first and every other mainder to his son of the intended marriage in strict settlement; ; and in default of such by issue male any other mar issue male, remainder to the issue male of Topham Mitchell by any other riage ; re- mainder to his marriage ; remainder to the daughters of Topham Mitchell by that or daughters as any future marriage, equally as tenants in common, and to the heirs male tenants in common in tail of their bodies ; and in default of such issue, remainder to the right heirs male ; and in of Topham Mitchell; and in case the said Topham Mitchell should die cse he should die without is- without issue or making a will, then it was declared that the lands were to go sue, or without , to Anne Lawson the mother of Topham Mitchell, her heirs and assigns. it w as making p a provided The marriage took effect, and in Michaelmas Term 1764, Topham that the lands should go to his Mitchell, in pursuance of a covenant to that effect contained in the arti- mother in fee. Iles, levied a fine and suffered a recovery of the lands agreed to be - He subse quently pur settled. chased other fee-simple Some time after the marriage, Topham Mitchell acquired by purchase lands, and by his will devised "the residue of his unsettled estate," after payment of his debts and legacies, which he charged upon his real estate, in exoneration of his personal, to his wife for life ; remainder to " the Incorporated Society for promoting English Protestant Schools in Ireland." The Society had been incorporated by Royal Charter by that title before the date of the will, and had a license to take in mortmain : Held, first, that the reversion of the lands included in the articles passed by the devise ; and, secondly, that though the devise to the Society, being to a Corporation, was void at law, yet, that as it was for a chaÂritable purpose, there was an original jurisdiction inherent in the Court to sustain it. The 10 Car. 1, Sess. 3, c. 1, is analogous in Ireland to the 43 Eliz. c. 3, in England. Senzbie-Charity estates are not within the recent Statute of Limitations 3 & 4 IV. 4, e. 105. 2A t 178 CASES IN EQUITY. the fee-simple of a moiety of certain lands called Raystown and Grenoge in the county of Meath, not comprised in the articles. Those lands he demised in 1772 to a person named Luke Eiffe, for lives renewable for ever, at a rent of £36 yearly ; and in 1773 he mortgaged them to the said Luke Eiffe for £200. There was no issue of the marriage, and Topham Mitchell by his will, bearing date the 21st of October 1773, duly executed and attested for passing freeholds, gave to his wife Jane all his personal estate, freed and exonerated from all his debts, to the payment of which he thereby subÂjected all his " unsettled real estate," which he also charged with the payment of £300 given by his will to Mr. John Lucas. He then directed that after his decease a competent part of his "unsettled real estate" should be sold for payment of his debts and of the £300, and then proÂceeded as follows :-" And as to all the rest, residue and remainder of my "said unsettled real estate, which shall remain after payment of my said " debts and of my said legacy of £300, I do hereby give and devise the "same to my said wife Jane Mitchell and her assigns, for her natural life, "if she shall so long continue my widow; and from and immediately after " the decease of my said wife, or in case she shall happen to marry again, " then I give and devise the remainder of my said unsettled real estate to "the Incorporated Society in Dublin for promoting English Protestant " Charter Schools in Ireland, and their successors for ever ; and I hereby " appoint my said wife and Mathew Coleman to be my executors." The testator died on the 3rd of February 1774, without having revoked or altered his said will, leaving his wife him surviving, and she alone proved his will and possessed herself of all his personal property, and she also entered into the receipt of the rents of all his real estate. The Society named in the will of the testator was incorporated by letters patent under the Great Seal of Ireland, bearing date the 24th of October 1773, by which King George the Second, granted to the several persons therein named and their successors, that they should be a Corporation and body politic, to have continuance for ever by the name of " The Incorporated Society in Dublin for promoting English ProÂtestant Schools in Ireland," and that by that name they should have perÂpetual succession, and that they and their successors by that...