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14. No school confined to the object of training native
clergy and teachers has ever existed on the site even in the
time of the original founder except for the brief period
between 1900 and 1909, but the preliminary education necessary
for this purpose has been furnished to many Chinese boys by
St. Paul's School, the Headmaster of which is appointed by
the Warden.
15. The Warden's residence is now hopelessly in disrepair and
there are no funds to rebuild it.
16.
Under the terms of the trust as at present constituted no
part of the land can be sold. At the time the trust was
constituted the land was of less value but the original grant
from the Crown was made for the purpose as well of endowing as
building a school though this purpose seems to have been lost
sight of when the trust deed was drawn, since the statutes
clearly give no power to sell any part of the land.
17. It is desired to sell that part of the site upon which
the Warden's residence stands and to raise thereby funds
sufficient to provide for a finishing school for native clergy
on the site under the immediate supervision of the Warden and
to provide for preliminary training in other Church Schools
Colleges and Hostels in the Diocese.
18. The part contains approximately 17,000 square feet and is
valued at $255,000. and the building is valued at $20,000.
19. The assistance of the Court cannot be invoked because
Your Petitioner is advised that since the objects of the trust
are not impossible the Court will not intervene to vary them
and that although normally in a case of necessity the Court
would authorise the sale of a portion of the trust property
for the benefit of the charity it cannot do so in the present
case because the Court cannot eliminate a restrictive covenant
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