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June 4, 1904.}
SUPREME COURT.
Thursday, 2nd June.
IN ORIGINAL JURISDICTION.
BEFORE HIS HONOUR SIR WILLIAM M. GOODMAN (CHIEF JUSTICE).
THE GRANVILLE SHARP WILL CASE This was a case between Edmund Hamilton Sharp, James Buchanan, Herbert Sharp, Robert Bentham and Ellen Lydia Bentham, his wife, John Nugent Wells and Harriet Elizabeth Wells, his wife (plaintiffs), the Attorney General of the Colony of Hongkong, the Right Reverend Joseph Charles Hoare. D.D.. the Reverend Frederick Trench Johnson. M.A.. and the Reverend Charles Herbert Hickling (defendants).
I. That an enquiry may be made as to the|| nature, scope and size of the hospital directed by the said will and codicil to be erected and maintained in Hongkong, and that if necessary a scheme may be settled with respect thereto.
2. That an enquiry may be made as to the amount required for the erection of the said hospital, according to the true construction of the said will and codicil, or the scheme to be settled as aforesaid, and in what manner the moneys for that purpose should be provided out of the testator's estate.
CHINA OVERLAND TRADE REPORT.
James Buchanan, the committee of the hospital which is referred to in the testator's will. No appearance was entered by the three last defen- dants, that is to say. by the Right Reverend the Bishop, the Chaplain of St. John's Cathedral | Church, and the Minister of the Union Church, who were appointed on the Committee by virtue of their offices, and it appears they are content to abide by the decision of the ourt.
The Attorney-General appeared in person; Mr. Slade appeared for the at present sole James Buchanan. a trustee of the will, who is executor. Edmund Hamilton Sharp, and for however not an executor. appeared for the alleged next of kin of the testa- Mr. Pollock, K.C.. tor, namely. Edmund Hamilton Sharp (the testator's brother), and the children of the namely, Herbert Sharp, Ellen Lydia Bentham, testator's deceased brother. Frederick Sharp, and Harriet Elizabeth Wells, whose husbands are joined as plaintiffs.
His Lordship in the course of his judgment said:-This was an originating summons taken 3rd, and 4th May, 1904, when I reserved my The matter was argued before me on the 2nd. out by the above named plaintiffs against the decision. It will conduce to clearness if I now above named defendants. The defendants (ex-state the facts ont of which the difficulty has cept the Attorney-General) were together with arisen. They are as follows:-The late Gran. the plaintiff Edmund Hamilton Sharp appoint. ville Sharp, for many years a resident of Hong. ed by the will and codicil of Granville Sharp, kong, died while on a visit to Fingland on 16th deceased, the committee and trustees of a hospital referred to by him in such will and 1896. and a codicil, dated the 13th October,
August, 1899.
He left a will, dated 7th June, codicil; and the summons was taken out for the 1897. By his will, he appointed four executors, determination of certain questions mentioned viz:-His brother. Edmund Hamilton Sharp, therein. The summons asks :-
Edmund Sharp (his cousin). Sotheby Godfrey Bird, and Alexandr Ross; and he appointed these executors trustees of his will. The said Edmund Sharp died before the testator, and Alexander Ross did not prove the will, or act in any way as executor or trustee. Edmund Hamilton Sharp proved the will and probate was granted to him
on 22nd December, said S. G. Bird also proved the will, but 1899. Subsequently, on 12th July, 1900, te afterwards, on 28th November, 1902, he retired from
the executorship and trusts of the will, und une James Buchanan
thereupon appointed 題 trustee hi. place. amounting to some £1.600 to various friends After giving certain legacies and relations and also certain life annuities amounting in all to some £300, a year to various relations, all of whom are now over seventy his estate in trust for the erection and main- years of age, the testator gave the residue of tenance of a hospital at Mount Kellett in this Colony, to be. to quote his words, "for the glory of God and the good of men, in loving memory of my sainted wife, Matilda Lincolne. to be called Matilda Hospital." When he made his will he wished the hospital to be built on the Homestead Lot, ie., Rural Building Lot, No. 76, at Mount Kellett, where his wife and he had long resided. But, in his codicil, he expresses himself as not satisfied with that site and states that he thinks equal usefulness "a position of more retirement and perhaps the south of or on Mount Kellett."
be found further to
3. That the question may
be determined whether or not, according to the true construc- tion of the said will and codicil. an endowment fund ought to be provided for the said hospital, and, if so, of what amount, and that directions may be given as to the manner in which the same should be provided out of the testator's estate and how the same should be invested and dealt with.
4. And if the purposes aforesaid do not exhaust the testator's residuary estate. then that it may be determined whether the unex- hausted portion of the residue is applicable to charitable purposes generally, and, if so, of what nature and in what locality, and that if necessary a scheme may be settled for effecting suchi general charitable purposes.
5. And if the Court shall determine that such unexhausted portion is not applicable to general charitable purposes, then that the question may be determined whether such unexhausted portion belongs to the next of kin of the testator according to the statutes for the distribution of the estates of intestates, and in what shares and to whom and for what interests. such unexhausted portion belongs.
6. And if the last foregoing question should be determined in the affirmative, then that an enquiry may be made who were the next of kin (according to the said statutes for the distribu- tion of intestates' estates) of the said testator living at the time of his death, and whether any of them are since dead and, if so, who are their respective legal personal representatives.
WAS.
the same
in
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brother, should be members of the committee. Chaplain and the minister of the Union Church as also the Bishop of the Diocese, the Colonial and their successors in office for all time in their said qualities. I wish that monthly meetings
the hospital shall in all things be con- the committee shall be held. I desire that sidered to be established as an absolutely religious services he held twice daily and reli ions and evangelistic institution. That
I wish that services rendered to the hospital the patients to the Gospel. So far as is possible, that every effort be made to direct the minds of
should-like its foundation-be wholly gratuit- of officers that no religions services should be ous and without reward-possibly by a rotation paid for and that the Institution be for the the glory of the medical profession in any way. glory of God and the good of man and not for That it be for the benefit, care and happiness
officers of the profession, nurses or subordinate for that either of superintending or general of patients primarily who are helpless and not
wages, and emphatically that the hospital be persons who may be employed for salaries or
him who is alone and desolate. I desire that for the poor, the helpless, the forsaken and for the office of superintending surgeon be in committee shall be and I hereby constitute the hands of the committee and that the them trustees.
be provided for and that the hospital be I wish that different classes reserved for British. American and European patients, with some very limited discretion for the directors, but excluding Chinese, Portu- guese and Japanese, who are well able to make arrangements for hospital accommodation on hospital would be far too limited. I wish the the hills if they see fit, and for whom this nursing sisters to be wholly British and that in the discretion of the committee, to qualify they should be encouraged by suitable reward, themselves thoroughly in cooking and to obtain degrees therefor upon chemical principles. I wish that the building be erected on such a scale only that it may be able to sustin itself diligence and in the committee's discretion, to and that the sisters may be able, as a reward for have one year's holiday in every five years, or still better two holidays of six months each in every five years, on full pay in each case. sary at any time during the continuance of this hope that it may be found absolutely unnзces- I
institution to appeal to the public in any way for funds for its maintenance, as there are already in Hongkong far too many of such. If any one desires either to endow the hospital with funds under the previous existing conditions or to leave legacies for its use, these should be thankfully accepted as increasing the means of its useful- ment, by printing or in any other way, should ness, but no advertisement or public announce. at any time be made, except so far as being recorded in the minutes and proceedings of the hospital. The only announcement should be thus-engraved in plain black, upon a white marble stone, at the entrance: To the It may be well to set out the passages in the glory of God and for the good of The extract from the will is as follows: will and codicil relating to this matter verbatim. and in most loving memory of Matilda. "I resident in this Colony from 1858 to 1893. give and bequeath the residue of my estate, who died full of love for every one, on the 22nd subject to the operation and effect of any August of the latter year. I wish that, in the codicils. which may be hereunto hereafter carrying on of this hospital, the least possible added, and as and when the estate can be best realised to advantage, in trust for the purpose and other precautions may be taken and that use may be made of drugs; but that all sanitary of the erection and maintenance upon the
Homestead lot, where we
upon these and the healing processes of nature (Rural Building Lot No. 76) at Mount Kellett be placed. I wish my friends, Messrs. Denison so long resided, by God's assistance, the greatest reliance may Ridge, Hongkong. of a of God, and the good of men; in loving ployed by my executors, if they see fit, and as hospital to the glory and Ram, archi ects of Hongkong, to be em.
colne, memory of my sainted wife Matilda Lin- the removal of the site of the hsopital from that
the same to Hospital,'
be called ⚫ Matilda
now occupied by the Homestead has been deter- It is intended that special mined upon mainly in the interest of the owners B.S to the erection, mainten of the Mount' opposite, I trust that they will ance, and government of the hospital be request Messrs. Palmer and Turner, their added at the end of this will, indeed the testator hopes himself to take some part in its inspection, especially of the basement of their architects, to allow Denison and Ram an preparation."
own new building, which I much admire, with a therewith." view to the approximation of my basement
7. That directions may be given to the plaintiffs Edmund Hamilton Sharp and James Buchanan as executors and trustees of the said will and codicil as to whether they should retain | or realise the leasehold estate of the said testator instructions, or any part thereof.
8. That the costs of and incidental to this application and the consequent enquiries there. under may be provided for.
The defendant, the Attorney-General of Hongkong, was sued as representing the Crown; the defendants, the Right Rev. Joseph Charles Hoare, the Rev. Frederick Trench Johnson and
the Rev. Charles Herbert Hickling were sued as respectively holding, for the time being, the respective offices of Bishop of the Diocese, Colonial Chaplain, and Minister of the Union Church, and as therefore forming with the plaintiffs, Edmund Hamilton Sharp and
can
4
man
given are those mentioned in the codicil and It seems, however, that the only instructions contained in the following extract therefrom :---
The value of the estate was proved as under Hospital. I have since become much dissatisfied property consisted, chiefly, of leaseholds in this With regard to the site named for the Peak one million and thirty thousand dollars. The therewith, and I think that a position of more Colony, which were valued, for Probate pur- retirement and perhaps equal usefulness, can be poses, by Messrs. Denison and Ram on 30th found further to the south of, or on Mount November, 1899, at $1,053,250.00; the difference Kellett. I wish the hospital to be quite self-between that amount and supporting and that my executors, including my 'which Probate duty was paid being made up by the amount on