6 Ves. jun.194. Townley v. Bedwell, 1801.

10 Ves. jun. 22.

ney. 1804.

which cleared all the doctrine on the subject of mortmain, he was decidedly of opinion, that lands in London were not exempted by that act, and that no customs of the city could be set up, for they were not reserved out of the act.*

A trust of real and personal estate, for maintaining a botanic garden at Stockwell, which the testator conceived would be for public benefit, was declared void.

Bridget Bevan, by will in 1779, devised a house in Atty. v. Step- Carmarthen to trustees in fee, to deposit therein all the bibles, testaments, and other religious books and tracts, for the use of the Welch charity-school, for the increase and improvement of Christian knowledge, which she should have at her death, and all other books and tracts, as in pursuance of the trusts, should be purchased or given for those charitable purposes, and for that purpose her servants were to live there, who should look after the books, and she gave her residuary personal estate for the use of those schools as long as they should continue, and for the increase, &c. as the trustees should think conducive to the said charitable purposes, with consequent direc

tions.

Upon the enquiry directed into the nature of the cha rity, it appeared that the institutions or establishments were generally known by the name of the " Welch Piety," or the "Welch Circulating Charity Schools;" the nature and purposes of which were, to teach the poor ignorant people the Welch language, and to teach men, women, and children of all ages to read; who, by reason of their poverty, were unable to pay for learning, and in some places to write, and for that purpose to find them bibles and other religious books, and also to teach them the church catechism, and to instruct them in the prin

* Sitting at Rolls after Michaelmas Term, 1798:

ciples of the Christian religion according to the church of England; and that the institutions were commenced by Griffith Jones, in 1733, with the assistance of the society for the promotion of christian knowledge, and the voluntary contribution of himself and others, and that the manner in which they were conducted by G. Jones was by sending Welch school-masters to the several parishes in North and South Wales to open schools at the request of the officiating minister and parishioners, who sent petitions for that purpose; appointing inspectors to examine the scholars, and to see that the masters attended to their duty.

Lord Eldon, chancellor, said, The establishment involved circumstances to be looked at with great jealousy, conducted under no authority, the school-master appointed under the sanction of no licence, the nature of the books beyond bibles and testaments not ascertained, and the residence of persons sent to different parts regulated upon a system directly contrary to the establishment of this country, which gives the school-master a connection with the place for life. That this case differed from Brown v.Yeale. If there was nothing more in this will I should be bound to say, that whether there is more or less objections to the words "other religious books and tracts," there is a denotation of a religious purpose, to which the fund may be applied, with an option how it should be applied; and I must execute one term of that option.

The next objection is, that the testatrix contemplated a charity that was to have continuance; and did not, if it was not to have continuance, devote it to any charitable purpose whatsoever. But upon the whole she contemplated the two events, that it might or might not have continuance, and when the charity subsisted upon voluntary contributions, of necessity it could only last

Blandford v. Thackrel, ante 120.

while they lasted; and she meant, looking to the continuation of the subscriptions, but knowing they might fail, that as long as her personal estate would supply the purposes of this charitable institution so long it should be applied. That, therefore, is no objection, I am also of opinión, that there is expression enough in this will to compel me to say, that even if that charity had not continued, and she meant, it should be applied to that; she yet meant more; and has provided for charitable purposes that might or might not be connected with that charity; and the distribution of books for the promotion of christian knowledge is expressed so, that it appears she did not mean her purpose to fail, if the particular mode of promoting christian knowledge by this plan as to Welch schools did not take effect. Therefore, even if those charities had ceased, this property must be applied to the charities to which she was adverting. If it were otherwise, it would be very difficult to say it should not be applied to charity; that is, that a discontinuance of the charity operated by her own act, would authorise her to take the personal property of the testator, which she ought to have applied, to give continuance to the charity as long as it could continue.

The next consideration was, whether, upon the whole taken together, this charity is so ingrafted into, connected with, and placed upon, an establishment in real property, that the charity cannot subsist, as the real estate is so given. It is not necessary to be executed in that house; she meant it to be subservient to the distribution of books, but it is not necessarily connected with her purpose, for the will contemplates the time when the charity might continue, and the house might be no longer applicable. Next contemplating the circumstance that the charity might not continue, she meant to give her property generally to charitable purposes, connected

with a scheme for the promotion of christian knowledge. Upon the whole, therefore, there is not enough to bring it within the authority of those cases, where the principal devise of the land having failed, the bequest of the personal property is so connected with it that it must fail too. There is enough in this will to give the personal property to charitable purposes connected with the plan of promoting christian knowledge. They were directed to propose a scheme, regard being had to the species of charity in her contemplation, and to necessary checks upon the institution, so as to render it conformable to the establishments of the country. An unlicensed school would not be consistent with that view, which this court ought to take of such an institution, carrying it into effect in the execution of such a plan.

A devise of a reversion in land to trustees of a methodist congregation, to be applied as they should think fit, is not bound by the statute of mortmain. This was held upon a special case reserved from the Coventry assizes, upon ah ejectment brought by the trustees against a person in possession upon the will of F. Faulkner, who, in 1765, devised the lands in question to trustees after the decease of his wife, to raise a sufficient sum thereout to pay legacies," and the overplus or reversion of the premises to be applied by them, and the officiating ministers of the congregation or assembly of the people called Methodists, that then usually or should for the time being assemble at Longford, and as they should from time to time think fit to apply the same," with power to appoint new trustees in case of death, and apар pointed his wife residuary legatee and sole executrix.

It was contended that this was not within the statute, because the uses were indefinite, (viz.) as they should think fit to apply the funds. The application being in their discretion, they may apply the funds to other than charitable

K 2

Morice v. Bishop of Dur. ham, 1 Vezey, jun. 399. N. S.

charitable uses, to acts of benevolence and liberality, which have been considered not to be charitable uses.

The court thought that the application in this case was left to the trustees still more indefinitely than it was in that case. As to the legal estate it was held to remain in the trustees to reimburse themselves the payment of debts and legacies. If it were a devise to charitable uses, then the legal estate resting in trustees would repeal the statute.

The court résolved, that this was nothing like a devise to charitable uses. The trustees might apply the estate to any use they thought fit. The will did not aim at confining them to apply it to charitable uses; it was left to their caprice, and unless the court could say that it was Toone v. Cope a devise to a charitable use, it was not within the statute. The trustees recovered at law, however chancery might afterwards dispose of the fund.

Doe ex dem.

stake, ante 94.

6 East, 328.

1805.

SECTION IV.

Of Devises of Rents, &c.

Rents.] By this word in the outset of the act, it is clear the legislature meant to restrain any bequest of a lease, or a leasehold term, or premises held on lease for years, or money to be laid out in the purchase of a lease for years, to a charity; for though that is merely personal estate, yet it is an incumbrance upon the land, and savours of the realty, and the act forbids the giving any • Vezey, 183. charge or incumbrance affecting any lands: and if the rents should remain unpaid, a charity could not proceed by distress; for this would be putting itself in the condition of an owner of land, which it could not take by devise, or purchase. But a charity may hire a house or

lands