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as a superimposed trust, or a trust within a trust.
In 1923, in order to enable the conversion of
servants' quarters and domestic offices into a gymnasium,
two class rooms, a vestry and latrines, for the purpose of
enlarging St. Paul's College, Government advanced an
educational building grant of $8,300 under the Grant Code,
and took a Declaration of Trust from the Archbishop of
Canterbury, binding him to use the premises for educational
purposes only, and providing that if at any time he or his
successors should repay the sum of $8,300 the premises should
"stand freed and discharged from the trusts hereinbefore
declared and contained".
In the event of this sum of $8,300 being repaid the
title could be cleared of this subsidiary trust without
amendment of the Ordinance, much in the same way as a
mortgage could be cleared off on repayment of the mortgage
debt; in fact, this subsidiary trust is rather similar to
a second mortgage, the original trust of St. Paul's College
corresponding to a first mortgage, which would remain in
force after the subsidiary trust had been discharged.
It would not however appear that the gymnasium
class rooms etc. would be on the section which the Petitioner
wishes to sell, and accordingly I do not think that this
aspect of the matter need be considered in the meantime.
TB. Obytes with
Land Officer. 29.8.38
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