CO129-416 - Public Offices - 1914 — Page 383

14

j

(13348)

This is a curious case.

14531

RECE

REGE 21 APR 1

378

I have no doubt that the

trust, which Ford thought he had created, was vold for

indefiniteness.

He has employed the actual words of

the gift, which was held void on that ground in the case

ne

of Ellis versus Selby (1 Mylug and Craig p.286) a

decision of Lord Cottenham L.C. sitting as a Court of

Appeal.

Even had the trust not been void for indefinite-

ness, it would in so far as the fund consisted of land

(whether freehold or leasehold) have been void under

the provisions of section 4 of the Mortmain and

Charitable User Act of 1888, which came into operation

on August 13th 1888 and at the date of Ford's death on

August 21st 1888 was presumably in force with respect

to the gift in his will, by virtue of Article V of the

China and Japan Order in Council 1865.

Mr. Keswick, the trustee under the will, did, I

think, in the events which happened, and having regard

to the time which has elapsed since Ford's death,

acquirel a perfectly good title to these lands under

the Statutes of Limitation (which applied in virtue of

Article V of the Order in Council to land in China gr

Japan