SUPREME COURT.. Thursday, 2nd June.
IN ORIGINAL JURISDICTION.
s-HoxOUR SIE WILLIAM M. GOODMAN Cuny JUSTICE)
THE GRANVILLE SHARP WELL CABE
This was a case bed worss Edwand Hamilton Shuey, James Baylawan, Herbert Sharp, Robert Bontbum-ank Ellen Lydia Boutham, his wife Jul Nugent Wols and Harriet Elizabeth Wills, his wife (plaintiff), the Attorney General of the Colony of Houskour, the fighi Reverend Joseph Clinics Hoare. D... the Reverent Foderick Trench dolmon. M.A., and the Reverend Charles Haber Hickling
defendants.
1. That an enquiry may be made as to the nature, scope and size of the hospital directed by the suit will and endivil to be erectel and maintained in Hongkong, and that if necessary
e scheme may be settled with respect thereto,
That au raquiry may be made as to the amount required for the rection of the said hospital, according to the true construction of the said will and codicil or the scheme to be settled as aforesaid, and its what noner the moneys for that purpose should be provided out of the testator's estute,
That the question may be determined whether or not, wording to the tena costrne - tion of fur sail will and endicil, au endowment fand ought to be provided for the said hospital, and, if so, of what amount, and that directions may be given as to the ramer 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 the purposes oforesid do, not exhaust the testator's residnary estate them that it may be determined whether the mex. hausted portion of the residue is applicable to uitable purposes generally, and, if so, of what ature and in what locality, and that if necessary a scheme may be settled for effecting such
emraj charitablo purposes.
5. And if the Court skall determine that such anexhausted portion is not applicable to general charitable purposes, then that the question may be determined whether such mexhausted 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 interesis, Such exhausted portion belongs.
6. And if the last foregoing question should betermined in the affirmative, then that an enquiry may be made who were the next of kin facording to the said statutes for the distribe- tion of intestatus estates) of the wild testator living at the time of his death, and whether any of then are since dead and, if so, who are their vesportivo legal personal representatives.
THE HONGKONG DAILY PRESS, FRIDAY, JUNE 3RD, 1904.
From that time to the present day, there has been a long series of cases which have established by degrees cortuin general principles. Due of those principles seems to be that where a testator has devoted property to some charitable purpose, but owing to some impediment. either of law, or of the absence of consent of some person or persons, or the default of some expected set of ciecamstness, the Court must decide whether the test sie had only a particular intention or whether, beyond that, there was a general intention of charity. In the latter wwe. the failure of the particular inteution Imas let in the general intention, and the Court has applied the fund cy-pres
POGE.
charitable purpose
in they will and codicil and the whole cireum-
stances of the case.
Order that an auquiry be made by thy Registrar, as to the sture, scope, size and cost of the hospital directed by the said will and cediell to be erected and mintgined, and as to the curlowment required for such maintenance, with a view to the future expansion if necessary) of such hospital, migh thas a scheme for the erection, endowment and His Lordship after dealing with es quoted mangement of such hospital be prepared by tłus excoutoys and trustees and settled by the Rn. by counsel went on to say-Ilave, now, I think, called attention toull or nearly all the cases cited gistrar, subject to the approval of the Court, in argument before me. Some of thom are not
Order that an enquiry be mule by tha Ragis- trar to the charitable purposes to which any perhaps vary maels in point, bat as they were inutioned during the discussion of the case insurplus of the residuary estate (after providing chambers, I have deemed it my duty to can
for the erection und maintenir a of the said sider them, and 1 nu of pinion that in the hospital; ought to be applied, and that a schome be prepared by the executors and trustees of the resit. I must hold that, assuming that, at the
rosalnary estate will and settled by the Registrar, subject to the date of the testator's death, his bequeathed by his will and ecdicil was more approval and direction of the Court, for the than suflcient to provide for the erection and appropriation of such surplus to such chafftables maintenance of the hospital therein mentionest, purposes.
Order that an enquiry be made by the Re- the surplus must be devoted to charity and the cy-pres doctrine hospplied, and that there isgistrar, as to the best mode of realising and wind-
ing up the testator's estate. no resuiting trust for the next of kin as regards such surplus. My decision is therefore, as follows
Order that the costs of all parties he taumel, a batween solicitor and eliont, nud be paid out of the residuary estate,
I add that, before the degree is finally drawn up. I shall be glad if any of the parties would forward to me in writing any saggustions they have to make with regard to any improve nnt in its form if I lava omitted anything Declare that the residinary bequest in the will they desire added which does not affcot its sub- stance. Although I have delivered a very long and calicil is a good charitable bequest and that the executors and trustees of the will should judgment I have done this visadly, because erect and provide for the maintenance of a
These mathorities are not very easy of acEISS, hospital of the Peak in accordance with the and I have read thom vory raresfully; and if there should be an appeal it would be a directions contained in the said will and codiril.
convenience to live everything in black and and that if due provision for the erection aul maintenance of such hospital should not white and all the facts stated in, uutshell.
Mr. Slade aske, that the costs be taxed ou exhaust the whole of the residuazy etato, the unexhausted portion or surplus ought to be
His Loxlship declined to do this, however, at applied to charitable purposes recording to a scheme for the regalation and management of the case had been heard in charbers. He had such surplus trust property to be settled by the only delivered judgment in open Court hoennsa Court, having regard to the directions contained { the matter was one of much public importance,
the basis of an ordinary hearing in Court.
THE
World's Remedy
Food, well digested, is the origin of strength. To be strong and healthy, assist your stomach. liver, and kidneys to do their work perfcctly by taking Mother Seigel's Syrup, which contains food. digesting ferments and gentle tonics for the stomach, and has cured more dyspeptics than any other medicine in the world.
SEIGEL'S SYRUP
"I suffered terribly from indigestion," writes Mr. George Collier, of 56, Baronia Street, Redfern, Sydney, N.S.W., on Oct. 11th, 1903; "Whatever I ate scened to stick
in my throat and caused frightful pains in my hest. Now, thanks to Mother Seigel's Syrup, I am never troubled with indigestion, pains, loss of sleep, or any other ailment and am as well as ever
before in my life." FOR
a position of moro vetirement aut perhaps leaseholds have appreciated in value in a remark contract, a man can, by will, bequeath his whole | Grauville Sharp gave all the residue of his equal usefulness can be found further to uble manner. According to a valuation madereal and personal estate to strangers even extate, in trust for the south of or on Mount Kellett."
by Montes. Linstead sa Davis and Messrs, though he should leave a wife and children. Charity war his residuary leaton and, secording It may be well to set out the passages in the Denison and Ram, ronjointly in January, 1968, | In the present case flu testator was a widower to the established doctrine, if all the money left
was and he no children. I merely mention this will and colicil relating to this matter verbatim. the value of the Leasehold property
is not exhausted in carrying out the particular The extract from the will is as follows-I $1,969,512 and, taking into acconit other son, because, however natural it may be to mods in which he desired his claritable intention give and bequeath, the residue of my estate, it has been estimated that on 14th March, 1964, sympathise with those next of kin who might, carried out, the Court mast effcetuate the subject in the operation and effect of any the total value of the estate was 22,219,177. not unreasonably, have hoped to receive larger substantial intention of sharity by providing colicils, which any be hereunto hereafter The debts, general, and testamentary expenses benefits under the direct testamentary disposi-some mods for the application of the surplus schied, aut as and when the estate can be best and most of the legacies have been paid. Pro- tions of the deceased, no such considerations upon the principle of cypris
can have any weight with the Court in deciding realised, to advantage, in trust for the purpose vision has been made, I understand, for tha of the erection and saaintenance upon the deferred legacies and the annuities, and it is the law in the present case. That must be
·Homestoul lot, where we se long reside, contended on behalf of the next of kin that the decided upon such authorities as are available.
There have been a great number of ease (Rural Building Lot No. 7) at Mount Kellett eleur residue is far in excess of the amount Rilis Hongkong, of a hospital to the glory reasonably required to erect and maintain derided in the English Conris extending luck of God, and the good of men in loving the hospital contemplated by the testator, many years, hat although some of those are not that hospital, it rooms very unlike the present cuse, I am not aware memory of my sainted wife Matilda Lin With regard to
ahe Ch SATUG to be called Matilda that a 30th March, 1901, Rural Build any one exactly similar to it in every respect. Hospital It is intended that special ing Lol, No. 16. on Mount Kellett, in This is the Tons surprising because much instructions as to the erection mainten- the Peak District of this Colony, was depends on the precise wording of the particular one at government of the hospital be purolused as a site for its erection at a cost of instrument under which the charitable trust added at the end of this will. indeed the $70,000, which sum has been paid out of the arises, and this wording differs in different testator hopes himself to take some part in its entule. The erection is bring procorted with, wills. One toust enfleavour to arrive at the Jayparation."
in accordance with plans and a specification | right principle to apply in each particular case, His Lordship in the course of his judgment. It seems however, that the only instructions prepared by Messrs. Palmer and Turner, archi. It was, for instance. established in the case of facts and surveyers of this Cotany, and under Thetford School, freported 8. Coke's Reports, said: This was an originating summons taken given are thoses mentioned in the codicil and out by the above named plaintiffs against the contained in the following extrust therefrom their supervision. The contract for completion. p. lik so long ago 24 1601), that where land, at With regard to the site mued for the Teak including residences for the House Surgeon and the tins of the will of the value of £35 a year,
Declare that in designating the Colonial whose worst defondants. The defendants (ex-Hospital. I have since becomes auch dissatisfied Nurses, Mortuary, and all necessary buildings had been devised to certain persons for certain cept the Attorney-Lienein)) were togefær with therewith, and I think that a position of more and outhouses and servants and coolie quarters, charitable purposes, the objects of the charity Chaplain as one of the committee and one of
took the benefit of the surplus where the out es per plans, unoants to $250,000.
the trustees of the Hospital mentioned in his The plaintiff Rdmand Hamilton Sharp appoint. retirement and perhaps equal usefulness, can be
Won to these nonuts of $70,000 and rose-ta £100) a year. In that case the testator will and codicil, the testator intended to found further is the south or on Mount ged by the will and endlej) of Grenville Sharp, Kellett. I wish the hospital to be quite self- 8200.000 is added all other expenditure for the bad allotted so much for the maintence of designate the Chaplain of St. John's Cathedral dressed. The equille and trustees of supporting and that my exentors including my proper equipment, furnishing, fitting, surgical preacher four days in the year and of a master Church in this Colony
free Grammar School and, of hospital referral to by him in such will and brother, should be members of the committe. intruments, necessaries for the dispenry, and and usher of
as also the Bishop of the Diocess, the Colonial other requisites, it is estimated, according to certain poor people, and had specified wertain codiciliam The summons was taken out for the Chaplain and the minister of the Union Church the affidavits filed, that the total cost will sum for each amounting in all to per But when later on, the value of the determination of curtain questions mentioned and their successors in office for all time in their anal to $350,088, tearing only further proviannun, Durein. The suzenione asks:
said qualities. I wish that monthly meetingssion to be made for maintenance. Asaling property rose, it was held that the atuounts to the estimates mentioned in the affidavit of specified should he increased and that the of the committen shall be held. I desire that
Mr. Edmund Hamilton Sharp the at present trustees took no part of this increase to their the hospital shall in all things he coa- sidered to be established as an absolutely sole executor (and brother) of the testator, the own use. relicious and evangelistic institution. That cost of nel muinteare of a hospital depends digious services e bebi twice daily and in a great degree upon its size. In the present on a sale to tut every effort he made to direct the minds of case, it being erected the patients to the Gospel. So far as is possible, accommodate thirty beds which. I as informed, wish that services rendered to the hospital is the estimated maximum which could. in lauld-se its foundation by wholly gratuit. the opinion of the original, as well as ous and without rowart possibly by a rulation of the present, trustees, le required in the of officers--that no religious services shoull be Colony for a hospital of such a nature as that paid for and that the Institution be for the indiented by the fostator. The prosent Trustees include the Bishop of Victoria, the Chaplain of glory of God and the good of man and not for
8. John's Cathedral Church (whom I have no The glory of the medical profession in any way. That it be for the benefit, care and happiness doubt the testator meant when he spoke of the Colonial Chaplain, a post no longer in existence of patients primarily who are helpless and not for that either of superintending or general at the date of the wifl), and the sinister of officers of the profession, nurses or subordinate Union Church, and they state that in their
After quoting some cases illustrating this. persons who may be employed for salaries or opinion, a hospital containing thirly beds for wages, and emphatically that the hospital be the reception of patients would be sufficient to principle His Lordship proceeded - Turning now for the poor, the helpless, the forsaken and for curry lato effect the charitable intentions of to the will and codicil of Mr. Granville SirJE. him who is alone and desolate. I desire that the testator, and that, under ordinary circum- it is clear that he gave the whole of the resilie stances. many of the said beds would be of his estate in trust for the purpose of the the office of superintending surgeon be in the hands of the committee and that the cenple by patients coming within the erection and maintenace of a hospital to the committe shall be and I hereby constitute classes intended to be benefited by the testator." glory of God, and this goal of men in loving In the 21st paragraph of the affidavit of Mr. memory of his wife. His codici! states that he the trustees. I wish that different classes Edmund Hamilton Sharp, he states that it is wishes it to be for the benefit, care, and happiness Le provided for and that the hospital be reused for British, American and European estimated that the hospital will be completed of patients primarily who are helpless, and he
alds that it is emphatically to be for the patients, with some very limited diseration and ready for the reception of patients on or for the directors, but excluding Chinese, Port about the 1st August 1905 provided no the helpless, the forsakcu, and for him who is He also slds that he guese and Japanese, who are well able to sanke auforeseen delays occur in the meantime. alone and desolate." arrangements for hospital accommodation on According to the estimated value of the estate wished the hospital to be reserved For British, by that time, theo will be apparently a very American and European patients, only." Now, the hills if they see fit. and for whom this hospital would be for too limited. I wish the large surplus after making ample provision for to alopt a method of reiving similar to tlust nursing sisters to be wholly British and that all cost of erveting nul maintaining the hospital of Mr. Justies Kay, in the case of the Shoreditch now being erected at Mount Kellett. The next soup kitchen and cottage hospital, may it not be they should be encouraged by suitable reward. in the discretion of the committee, to quality of kin routed that there is a resulting trustaid Now, obviously, on the face of the will themselves thoroughly in cooking and to obtain for the of sach urphs, unless the Court and codiell the persons intended to be homofited are these for whoes nse and hourfit the hospital degrees therefor upon chemical principles. I should hold that such unsaliansted pertion must wish that the building he erected on such a be applied to charitable purposes in accordance was designed. Who are they? Certainly, pri- marily, the poor, the helpless, the foresken, and scale only that it may be able to sustain itself with the doctrine of cypris.
those who are alone and desolate among the and that the sisters may be able, as a reward for
Britiah. Amarican, and European sick in Hong. diligence and in the committee's discretion, to have one year's holiday in every five years, or
kong: "therefore an intention to benefit that still better two holidays of six months each in
class of persons by providing them with a hos every five years, on full pay in each case. I
pital may be treated as the paramount intention of the testator." But, assuming that when this hope that it may be found absolutely unneces sary at any time during the continuance of this
has been done, there should ha a surplus over; institution to appeal to the pallic in any way for
surely when we see a benevolent intention of funds for its maintenance, as there are already in
benefiting a certain class or number of people Hongkong far too soy of noh. If any one
who come within the ordinary definition of desires either to endow the hospital with funds
objects of charity and we find that the particular nader the previonsexisting conditions ar to leave
mode the testator contemplated of doing this legacies for its use, these should be funkfully
does not exhaust all the fands he gave to trus tees for his charitable purpose, ought not the accepted as increasing the means of its useful
Court to say the "paramount intention" was The tendant, the Attorney-General of news, but no advertisement or public announcs.
charity, that the money was ear-marked, Hongkong, was sand as representing the Crown: ment, by printing or in any other way, should
The position of the Attorney-General in cases so to speak, as charity money for the the defendants, the Right Rey, Joseph Charles at any time, be made, except so far as being Hoare, the Rev. Frederick Trench Johnson recorded in the minates and proceedings of the of this kind, as law oflicer of the Crown, is thus poor, helpless and desolate sick, in Hongkong, and the Rer. Charles Herbert Hickling hospital. The only announcement should be stated by Lord Macnagkten in the recent of the uationalities mentioned ? Is it not then were surdne gaspetively holding, for the time thus engraved in plain black, upor a white cases of Wallis r. The Solicitor-General of Now the duty of the Court, favouring charity as the being. The respective offices of Bishop of the warile stone, at the entrance the Zuland. (1903), Appeal Cases, pp. 181 and 182: Court always does, to provide another mode, on "It is the province of the Crown as parens the c-prea principle, of applying each surplus Diocese, Colonial Chaplain, and Minister of the glory of God and for the good of
of Matildspatric to enforce the execution of charitable for the homefit of the objects of the testator's Union Church, and as therefore forming with and in most loving memory the plaintiffs. Edmund Hamilton Sharp and resident in this Colony from 1858 to 1893, trusts, and it has always been recoguised as the benevolenes? For instance, as the testator, in James Buchanan, the committee of the hospital who died full of love for every one, on the 22nd duty of the law officers of the Crown to inter- his codicil, said he wished that in carrying on which is referred to in the testator's will. No August of the latter year. I wish that, in the vous for the purpose of protecting charities and the hospital the least possible use might be APPLY TO
and expressed his faith i tho
CHINA EXPORT, IMPORT, & BANK COMPAGNIE, appearance was entered by the thres lust defen carrying on of this hospital, the least possible affording advice and assistance to the Court in made of drugs,
healing processes of nuture, a convalescent home dants, that is to say, hr the Right Roverende may be made of drage, but that all sanitary the administration of charitable trusts."
was for this reason that the Attorney in connection with the hospital might be ang 2, CONNAUGHT ROAD." The Bishop, the Chaplait of St. John's Cathedral and other precautions may be taken and that
was, very properly, made a gosted where patients miglit, in the Peak air. Church, and the Minister of the Union Church, upon these and the healing processes of natura General who were appointed on the Committee by virtue by God's assistance, the greatest reliance may party to these proceedings. I was specially gain a more complete restoration to health. I take the first instance that occurs to me; but of their offices, and it appears they are coutent be placed. I with my friends, Messrs. Denison asked by the parties to express as opinion on and Ram, archi ects of Hongkong, to be aza-
the following point of law, vis. Assuming assuming there should prove to be a sacplus to abide by the decision of the url.
ployed by my azocutors, if they see it, and as that, at the date of the testator's death, his after dae provision for the hospital is made, surplus must be the removal of the site of the hisopital from that residuary estate bequeathed by his will and and assumin that suck now occupied by the Homestead has been deter.codicil was more than sufficient to provide for used for charitable purposes in accord the erection and maintenance of the hospital auce with the cy-purea doctrine, there would, no mined upou mainly in the interest of this owners
therein mentioned. ought the surplus to be doubt, have to be an enquiry as to the host of the Mount' opposite, I trust that they will
devoted to charity and cy-près doctrine to be method of dealing with that surplus. request. Messrs. Palmer and Turner, their architects, to allow Denison and Ram an applied, or would there he a resulting trust for inspection, especially of the basement of their the next of kin as regards such surplus?" own now building, which I much admire, with a Of course. until proper enquiry has been view to the approximation of my basement mode, I am not in a position to say whether the residue is more than sufficient for the present The value of the estate was proved as under and future needs of the hospital, having regard to the pro. ressive character of this Colony and The matter was argued before we on the 2nd. one million and thirty ousand dollars. The
the great increase of population which has 3rd, and 413 May, 1904, when I reserved my property consisted, they, of leaseholds in this
taken place within the last five and twenty decision. It will conduco to clearness if I now Colony, which were valued, for Probate pur-
years and which seems likely to continue. At -tata the facts out of which the difficulty has posos, by Messrs. Denison and Kam on 30th
the date of the testator's death a dollar was, arison. They are as follows:-The late Ciran. November, 1829, at $1,053,250.00, the difference I find, worth a trifle under two shillings, and the amount on when his will was provod, his entire estate was ville Sharp, for many years a resident of Hong-between that amount and kong, died while on a visit to England on 160h which Probate duty was paid being made up by
sworn at what was equivalent to about one Augest, 1899. He left a will, dated 7th Jane, some additions for other personal property and hundred thousand pounds sterling, speaking Indo, and a vodieil. duted the 13th October, certain deductions for debts duo from the estate, coughly. 1897. By his will, he appointed four executors, at the time of the testator's death. The testator
This is the first time I have heard of a hos vis-His brother, Edmund Hamilton Sharp had no wish to have his estate sold and wound pita! having too much money; ona is more fumi Edmani Sharp (his cousin), Sotheby Godfrey up with undus haste. He knew as well as any liar with a different complaint. But assuming Bird, and Alexander Ross; and he appointed one that, in Hongkong, land varies greatly in for the purposes of the legal question which all thean oxucutors trustees of his will. The suid value from time to time, and that to place a parties asked me to decide, that the residuo Edmund Sharp died before the testator, and large number of leaseholds on the market for
is more than sufficient for the erection and Alexander Ross did not prove the will, or act sale at one and the same time, might have an maintenanes of the particular hospital specified rests appear to be that the Court treats Sister Miss LOUIE FREEAR has rande you in any way as executor or trustee. Edmund adverse influence on the prices obtainable. He, by the testator conducted as early as is practi- charity in the abstract as the substance of the Hamilton Sharps proved the will and probate however, wished suitable opportunities to be cable upon tho lines indicated by him, I will gift and the particular disposition as tho mode, before and hopes to do so again, for people will perial Japauoso Navy and Foreign Navios; the was granted to him on 22nd December, taken to dispose of the properties so as to close
the estate. After cautioning his exocator 1899. Subsequently, on 12th Judy, 1900, é Haid 9. G. Bird also proved the will, but against any hasty attempt to realise the pro- afterwards, on 28th November, 1909. he perty for which is fitting time must be carefully retired from the executorship and trusts selected," he says, later on in his will (dated, as of the will, and one Jamis Buchanan before stated, 7th June, 1896) ;---
I hereby sanction and approve the appro- П thereupon, appointed tristea in bis place. After giving certain legacies priation for five years by the executor who shall amounting to some £1,600 to various friends e resident in Hongkong and conduct the man and relations and also curtain, Bife annuities agament of my estate, of the sum of $1,000 relations, all of whom are now over seventy
Should the estate not be wound years of age, the testator gave the residue of lecomution. his ratate in trast for the erection and main- np during this period I sanction and approve tenance of a hospital at Mount Kellett in this the appropriation for two years further of one Colony, to be, to quote his words, for the thousand dollars per annum, and for yet another glory of God and the good of men, in loving three years of seven hundred and fifty dollara per annum; the object being kept in view to memory of my sainted wife, Matilda Lincol c. the same to be called Matilda Hospital" avail of opportunities without any a due heste When he made his will he wished the hospital to dispose of the property and close the estate, to be braill on the Homestend Lot, .c.. Rural If my life is spared, I may be able to do some Building Lot, No. 76, at Mount Kellett, where thing towards this end, but there appears at lus wife and he had long resided. But, in his present to be nothing in view but development." I mention these directions of the testator, codicit, he expresses himself as not satisfied
because it appears that, since his death, the with that sifo and states that he thinks
That directions may be given to the phintiff's Edmund Hamilton Sharp and datars Buchanan as executors and trustees of the said will and codicil as to whether they should retain or reutice the teaselul estate of the said testa for
Fany port thecoof.
8. Tart thosts of and incidental to this application us! Che consequent enquiring thore under my provide for.
The Aitorney-General appearest in person; Mr. Bhaile appeared for the af prosent sole executor, Edmund Hamilton Sharp, and for James Buchanan, a trastes of tho will who is Lowever not an executor. Mr. Pollock, K.C., appeared for the alleged next of kin of the testu. tor numely, Edmund Hamilton Sharp (the testator's brother), and the children of the testator's deceased brother, Frederick Sharp. Hurly, Herbert Sharp, Ellen. Lydia Bentham,
and Harriet Elizabeth Well, whose husbands are joined us plaintiffe
Tas,
therewith."
per annu
24
remuneration and
two
!
1
5
The Attorney-Genoval, on the other hand, without admitting that the residue is necessarily larger than the expansion and growing needs of the hospital may at some future time require. argued that in any case, this residue having been given absolutely and unconditionally to charity, must be devoted to some efmritable pur. poss on the ground that ones a charity always a charity," and that the next of kin not take and can never answer to the devription-of-those whom the testator intended to benefit by the gift of this residus. He, moreover, pointed out that the testator gavs legneies or annuities to those of his next of kin whom he intended to benefit and then gave way the residue to rharity.
It
Indigestion.
CHAMPAGNE
VEUVE CLICQUOT PONSARDIN
RHEIMS.
MAISON FONDÉE EN 1783.
WERLE & CIE. Stecks,
INTIMATIONS
THEATRE ROYAL TO-MORROW (SATURDAY) & MONDAY, 4TH AND 6TH JUNE. Under the patronage of HE, the OBcer Administering the Govarsarent, and the Elite of Hongkong: FREEAR in his FAMOUS FRIVOLITIES.
ALBO IN
"THE AMERICAN MINSTRELS," AND THE SCREAMING FARCES
"THE FELLOW THAT LOOKS LIKE
ME"
"DIGNITY AND ÍMPUDENCE," AND
It was, however, urged for the next of kin that the testator manifested no general intes tion in favour of charity but simply an intention to erect and maintain a particular charitable institution, of a particular class, for a particular purpose, and for particular persons; and that thero was nothing in the will or codicil to indi- cats any general intention of charity. I am, however, of opinion that reasoning in the way Mr. Justice Kay and the Lords Just as reasoned in Biscoe and Jackson (the Shoreditch case) the general paramount intention of the testator was to benefit the poor, desolate people I lave men tioned, although he specified the particular
"MATRIMONIAL BLISS." way in which he wished it done. In the courso
FREEAR is the man who made King of his judgment, in the case of Mayor of Lyons v. Advocate-General of Bengal, decided by the Edward and Queen Alexandra langh (on two Judicial Committee of the Privy Council, in occasions), The King of Sam, King George 1876, Law Reports, 1 Appeal Cases, p. 91, Sir of Groses, the Sultan of Turkey, and nur Montague Sunith, speaking of the ep-pres doether Potentates and Princes in all parts of the trius as applied to charitable bequests, says at p. world during the past 12 years.
FREEAR will make you laugh here as his 113 The principle on which the doctrino
laugh in London. He has crowded the Then ro proceed to consider whether the next of kin
go a long way in any country to obtain a good so that, in the eye of the Court, the gift, not- would be entitled to the surplus or whether it withstanding the particular disposition may not
wholesom evening's laughter. It is a raro must be devoted to charitable purposes in accor be capable of execution, subsists, as a legacy commodity, not to be missed; it is the best of dance with the cy-un doctrine, that is to say, which never fails and cannot lapse. This secus all Tonics. Book your wat at ROBINSON'S, in accordance with the principio of applying to be what Lord Eldon understood to be the where Freoar's Credentials are on view with property as nearly as possible according to the effect of the decisions from the following pas- the Sultan's Gold Medal of Fine Arts," pre- donor's intentions when these intentions cannot sage of his judgment in Mills v. Farmer. With sented to Freear by the Sultan in Yildiz Palace, be exetly carried out, with regard to the whole reward to charity. therefore, without going Constantinople. of such property. The law of this Colony in through all the cases which I examined with such matters is practically the same as that of great diligence in Moggridge v. The well,
case that, bound by precedent, I decided us avel against my inclination as any act of ray judi- Charity Commissioners to assist us, and we have n Statutes of Mertain, which are refer cial life, I consider it now established that red to in so many of the English cases, and although the mode in which a legacy is to which in England prevented leasehold property take effect is in many cases with regard (zler astia) from being validly bequeathed for to an individual legates considered us of the charitable purposes.
In Hongkong, it is quite simlistance of the legacy, where a legacy is given competent for a testator to bequeath his lease so as to denote that charity is the legatce, the holds for such purposes, and he can, also, as in Court dues not hold that the mode is of the England, if he chooses, leave nothing, or as legioy, but will effectuate the rift to charity little as he pleases, to his next of kin, as the substance; providing u mode for that and bequeath the whole or any part of his estate legates to take which is not provided for any to charity, leaving his nearest relativo un- *other legatee." This passage is reported in somewhat different language, but substantially Now Mr. provided for. By English law, walike that of some other countries, apart from special to the same effect, in Mer. 99.
amonating in all to some £300, u year to various undred dollars per annum for expenses of England. Bat we have hero no Board of
Late Car to the Peak after performance each night.
Last Kowloon Forry at 12. Baormous Success in Shanghai, Peking, Tientsin and Yokohama.
F1341
Hongkong, 2nd June, 1904. DUNART PERE & FILS, REINS
Established 1710. CHAMPAGNE GROWERS AND SHIPPERS.
Ship only the Finest Quality Extra Dry (Green Heal)
LAUTS, WEGENER &
Solo Agents.
Hongkong, 18th May, 1008,
M
INS
SOLE AGENTS.
1344
BISHI GUSHI-KWAISHA.
(MITSU BISHI CO.) COAL DEPARTMENT. MARUNO-UCHI, TOKIO. Cable Address, “ÏWASAKI," which applies to all Branch Offices and Hong "kong and Shanghai Agencies. A1. ABC 5th Edition, Western Union Codes
All Letters Addressod:- MANAGER, MITsc18a) Co, with name of place můžem BRANCH OFFICES:-
used.
NAGASAKI, MOJI, KOBE, KARATSIT
AND HANKOW.
AGENCIES :-
HONGKONG: H. U. JEFFEJES.
MANILA: COMPANIA MARITIMA. YOKOHAMA: M. ASADA. CONTRACTORS OF COAL to the In-
Imperial Arsonals: the Imperi Railway; Banyo, Kiuchu and the other Prinsipal Bail ways, Industrint Works; Home and Foreign
SHANGHAI: H. J. II. Temp,
Mail and Freight Steamers.
EXPORTERS OF COAL to Hongkong, Shanghai, lankow, Singapore, Manila, North China, Korcan parts and America.
SOLE PROPRIETOR) of Takashima. Ochi, Bhinner, Namozata and Komi-Yamada Collieries and also Hojo Colliery, which will be ready to produce on a large seals the best Buzab Coal from 1905,
Solo Agenta for Kigio, Komatsu (Tagawa) and Matsushima Coals,
The Houd and Branch Offices and the Agen cies of the Company will receive any order for Coats produced from the above Collieries.
Coal sold in 1003 by the Company amounted to 1,210,000 tons.
TAKASHIMA COAL
Now and additional shafts at the Takashima. Colliery have been completed and this well- known beat and most economical steum Coal in the EAST is now produced in abundance and can be supplied in any quantity. 1264
Hongkong, th April, 1904,
CO..
[1120