1922-08-14 — Page 3

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I ACCUMULATED MATILDA

HOSPITAL FUNDS.. APPLICATION TO THE COURT-AS TO DISPOSAL,

ONE HALF THE SURPLUS TO ENDOW

THE NEW NURSING HOME.

THE HO NGKONG DAILY PRESS. MONDAY, AUGUST 14rs,

Then there is also befors, the Court an

A CLEVER ""*SQUEEZE." SOGUS REVENUE OFFICERS AT

WORK.

squeeze case has come.

compradore of the China Merchants Steam Navigation Company's a Hringah was

to the victim,

After examining at length n uuraber of legal authorities the fearned Chief Jus affidavit of Mr. E. J. Chapman, La tico held that" assuming that at the date and Estate Agent, who submits accounta of the testator's death, his residuary estate showing in detail the value of the estate, bequeathed by his Will and Codicil was He states that the Matilda. Hospital work. An naumial** more than sufficient to provide for theing coat, as audited for the year end-to the notice of the polies in which the erretion and maintenaner of the Hospital 31st December, 1921, shows that the therein mentioned, the surplus must be expenditure pacurred in maintaining and devoted to charity and the eyes doe-running the hospital amounted

His story is that whilst his vessel was trine be applied and that there is no 15.08.56. The accounts also show that

there was a surplus of income from the [ving alongside. the Company's whart off resulting trust for the next of kin as

gards such surplus He declared state after defraying the cost of main Connaught Road West at 11 am, on Fri that the residuary bequest in the Will and tuining and running the Hospital, in the day a passenger, named Tai Shui Hi, left Codicit is a good charitable bequest and fear, of $138,849.43 Figures were also rattan baskets in his offer. About dressed like Revenue Officers and the that the Executors and Trustees of the laid before mo showing the surplus income two hours later three Chinese, two of them from the estate for the last five years pital, which is now the Matilda Hospital/ Will should ereet and provide for the from which it appears that the margin and demanded to see the contents of the other in plain clothes, came to the office between income and the amount required backets One basket, which was residency estate, after providing for the tained in the said Will and Codicil, and to maintain the Hospital has steadily lacked contalped. Chinese medicine while

The Chief Justice (Sir William Rees Davies) has delivered an important judg ment in Chambers on an application relating to the estate of the late Mr. Granville Sharp.

The testator, who died in 1509, bequeath ed the residue of his estate for the pur. pose of erecting and maintaining a Hos

situated on the Peak.

The surplus income arising from the

salatenshee and upkeep of the Hospital, bas largely increased and the Court was naked by the present Trustees of the estate (Sir Paul Chater and the Hon.

increased.

BOD

in the other, which was locked, two automatic pistols were found. The alleged Revenue Officers at oner asked $1,000 squeeze, failing which they threatened to have the compradore arrested. The com Pradore fearing the consequences of hav

maintenance of a Hospital at the Peak in accordance with the directions con-

that if dus provision for the erection and maintenance of such hospital should not CONSTITUTION OF THE NURSING HOME

Now, in regard to the Nursing Home exhaust the whole of the residuary estate, the unexhausted portion or surplus ought which it is proposed to erect as a Hong Mr. A. 0, Stephen), to order that to be applied to charitable purposes kong War Memorial, Mr. D. G. M. Ber one half of the surplus funds may be according to a scheme for the regulation pard, a member of the Committee appoint:

and management of such surplus trusted to determine the form to be taken bying to answer so serious a charge paid the appropriated towards the endowment of

men $200. the proposed Nursing Home to be erected Property to be settled by the Court, bay the War Memorial, submita a pro foi pa in conjunction with the Hongkong Waring regard to the dimetions contained in outline of the constitation of the Nursing to the Revenue Department and an identi

Memorial.

The matter engaged the attention of the Court in 1904, when the then Chief: Jus

Later in the day he reported the matter the Will and Codicil and the whole cir- Home as approved by the Committee, and|fication parade was held at the Harbour cumstances of the case,"

Ius states It is aimed in this Institution Office the same afternoon; but the com- He ordered (1) that an aquiry to provide the very best medical and the Chinese Revenue officers as the men prador was unable to identify any of tico, Sir William Goodnú, ordered that made by the Registrar, ns to the nature, surgical attention and nursing, such as who took part in the squeeze" fraud. the available surplus funds at that time.cope, size and costs of the Hospital is beyond the means of the majority of uniformed men was not the same as that He has stated that the dress of the two- after providing for the Matilda Hospital, directed by the said Will and Codicil to persons in the Colony, without some men- worn by the men on parade. They did not have breast pockets, but two large caps, like chaffeurs. "patch pockets," and they wore peak

testator.

Mr. Eldon Potter (instructed By Mr. Hooper of Messrs. Johnson, Stokes & Mas

"The authorities believe the whole thing

sure of assistaner, and to relieve cases which would otherwise suffer for lack of proper treatment," and in partienlar, to afford to those who served in the late war to be a plant for the purpose of obtain accommodation and treatment within thing money from the compradore, discretion of the Committee on special terms including free treatment where,

be erected and maintained, and as to the should be devoted ta ehuritable purposes | in accordance with a scheme to be drawn endowment required for such mainten

ande, with a view to the future expansion up and approved by the Court.

The present application is based upon (if resssary) of such Hospital, and that that order and the evidence shows that a scheme for the erection, endowment and the surplus funds have increased to a management of such Hospital be prepared large extent siner the death of they the Executors and Trustees and settled

by the Registrar subject to the approval expedient. No greater ticed exista in the (2) that an enquiry Colony to-day and the Committee are con of the Court."

made by the Registrar as to the charitvinerd that the funds for a War Memorial [able purposes to which any surplus of the | could out possibly be devoted to a better

residuary estate (after providing for the or more useful purpose.? erection and maintenance of the said Hospital) ought to be applied, and that a scheme be prepared by the Executors and Trustees of the Will and settled by the Registrar, subject to the approval and

tion of such surplus to such charitable

ter) appeared for the Trustees.

The Attorney-General (the Hon. Mr. J. H. Kemp, K.C.) appeared in his ra. presentative capacity.

#

ROBBERIES.

Furukawa & Co., No. 14, Praya East, Me. Noguichi, a partner in the firm of reports that money and clothing worth 3120 were stolen from his room during Friday night,

A leather purse, containing an Ameri stolen from the room of a Chinese student can cash certificate for 8100 gold, was on Friday evening.

The confidence trick was again prae-

The proposed articles, governing the Nursing Home empower the Committee to The plaintiffs were: Alexander Gordon

regulate the fees to be paid, which shall Stephen, Sir Cutchick Paul Chater, Her-

vary according to the circumstances of bert Sharp, Robert Bentham, Ellen Lydia

the patient," and the Committee are easieed with success, on Friday. A woman Bentham (his wife), John Nugent Wells direction of the Court, for the appropria-powered to set aparta nitnber of beds was stopped in Queen's Bond Central-near.

for which admission shall be free and shallo and Harricit Wells (his wife).

determine what cases are suitable for such admission,

The defendants were: The Attorney-purposes,” General of the Colony of Hongkong, the Rt. Revd. Charles Ridley Duppay, D.D., tha Bord. Henry Copley Moyle, M.A., and the Revd. J.-Kirk Maconachie.

THE JUDGMENT...

The judgment was as follows:- This is" an application by Sir. Paul

lato Granville Sharp, decensed.

41

Police Station, and induced to part with her jewellery to the value of 8147, in exchange for a parcel of paper which the men said contained bank notes.

Mrs. E. D. Blackburn. residing at the Hongkong Hotel, has reported to the police the loss of a necklace of Chinese amber beads valued at $30, a finger ring worth 825 and a purse containing 8 in stolen from the cabin of the steam launch esh. The articles are said to have been

bathing at Stonecutters.

A NEW SCHEME SUBMITTED.

Now the question which I have to decide The Court having at that time (1904).

is whether the proposal now submitted given a decision on the all important as to the surplus of the fund, in accord question as to the application of the ance with the enquiry directed by this g-près doctrine, the enquiries directed Court in 1901, should be approved. I may by the learned Chief Justice's fudgment only deals with one half of the surplus observe that the appropriation suggested

the present Trustees of the estate of the the very large surplus which has accrued length, the authorities bearing upon the Chater and the Hon. Mr. A. G. Stephen, scem to have been deferred; but owing to fincome arising from the residuary estate. Fee Loung while Mrs. Blackburn was

Sir William Goodman reviewed, at to, the estate the Trusters cow deem its principle and there is a passage practicable and necessary to submit in his judgment which reads: It is possible that Mr. Granville Sharp, when scheme for the approval of the Court as

he made his Will and Codicil, did not directed to the enquiry in order (9), „

contemplate that his residuary estate would be more than sufficient for the pur pose of the Hospital. At the time of his death that residuary estate was less than $100,000, which at first sight might not seem very excessive for the erection and suitable endowment of a hospital of a charitable kind.”

-out in the will.

The sail Granville Sharp died in 169 and by his will gave the residue of his estate in trust for the erection and main tenance of a Hospital at Mount Kellet in this Colony, now known, ag :** Matilda The Trustees any in their affidavit "that Hospital and subject to the trusts set these deponents have given the matter A Codicil to the will their anxious and careful consideration contained a number of instructions, but and it is their opinion that the surplus for the purposes of this application income now available after providing for think it is only necessary to get out the the maintenance of the Matilda Hospital following instructions, viz,

reached such proportions as to make it as indicated by the Accounts for 1021 has practicable to advance a scheme for the approval of this Honourable Court in answer (or part answer) to enquiry No. 2 directed by the Order made herein on the 2nd June, 1904.

I desire that the Hospital shall in all things be considered to be establish cd us an absolutely religious and evangelistic institution. That it be

*RESTRICTIONS ON. THE MATILDA HOSPITAL.

«A WELSH HOSPITAL. PRECEDENT.. P. O. Lawrence, J., in his judgment, says surplus in their hands, have come to the "The trustee of the fund, having this conclusion that it could best-be applied in the foundation of scholarships for the encouragement of the study of medicing and

nationality at the University of Wales burgery by perions of Welsh

...The question is whether the parti cular application which the trustees déaire: Then, the estate, it appears, was sworn to make of the funds in their bands is for Probate at about one million dollars, of ey pres. It was argued that the aug one which is justified under the doctrine for the benefit, care and happiness of

whereas the present value of the estate is gested application was not a diversion patients primarily who are helpless

over $3,600,000. It is clear, therefore from the particular object, for which the and emphatically that the Hos They point out that the state was in that the testator bad not contemplated fand was raised. I think there is great pital be for the poor, the helpless, the fact sworn for Prubate at $1,030,000 but the extent of the funds, and it is suggest force in this argument that, if a fund is forsaken and for him who is moge and ay the result of careful nursing and ed, and I think with reason, that his devoted to the benefit of sick and wound- wish that diferent judicious handling after laying out exclusion of Chinese, Portugueseed, that benefit includes the training of classes be provided for and that the 3646,572.66 on the purchase of a site and Japanese from the benefits of the hospital persons whose duty it would be to attend Hospital be reserved for British, Amerithe building and equipment of the on the ground that "the hospital would to the sick and wounded." (Vide also, can and European patients, with some Matilda Hospital and the Maternity be far too limited"

was based on the In re De Noilles, 65 LJ., Ch. 807) sery limited discretion for the Diree Ward Addition to it, the Trastera now assumption that the available funds were tor, but excluding Chinese, Portuguese hold investments of $2,720.343.11 repre- not sufficient to include patients of all party to these proceedings, appeared and The Attorney-General, who is made a and Japanese, who APU well ablesenting proceeds of parts of the estate nationalities. to make arrangements for Hospital and accumulations of surplus income and

Well, then as to the proposed appro. supported the application of the Trustees accommodation on the hills if they are still have a portion of the Testabora - priation of a moiety of this surplus-fund and associated himself in Mr. Potter's fit, and for whom this Hospital would siduary estate unrealised, of an estimated to the endowment of the Nursing Honie. scheme, to be approved for the control and Argument. He, however, urged that any į value today of. 8951,250.'*

It has been laid down that if the income management of the new. Nursing Home

desainte...

be far too limited,"

FOUR

Court.

The determination of certain questions They further express the opinion that of the fund, in process of time, become should contain definito provisions for the arising in the will came before Sir Wilin view of the enormously increased greater than is necessary for the purpose free or assisted treatment of poor patients. liam Goodman, when Chief Justice of this amount of the Fund the restrictions which named, the Court has power to apply the This is, of course, contemplated in thin Court, by Originating Summons in 1001 the Testator thought himself forced by seem proper, upon the Gueren principle proposed Articles which are before the The Court was then asked to determine, what ho supposed to be the limits of his deem proper, Cypres Suler alia

fortune to adopt must necessarily to some (Judgment of Lord Selborne, LC, in (a)—Whether an endowment fund extent be relaxed and the scope of the Chamberlayne Brackett. C.A. ate GENERAL APPROVAL BY THE COURT. ought to be provided for the said Hos- charity widened just as the Testator P. 211). This is direct authority for the

I am prepared, speaking generally, tq pitel and if so, of what amount. would probably have relaxed them and present application. It is also laid down approve the scheme, but before finally (8)-If the purposes incidental to the wideord it could he have known to what that if the income of the fund is actually sanctioning it, I desire to see the schema

exhaused by the charitable purpose de said Hospital do not exhaust the Teets- extent his estate would grow," tor's residuary estate whether the UD HALF THE SURPLUS INCOME FOR THE NURSING Assumes that any subsequent increase the Trustees that, having regard. to the clared at the time, of the gift, the Court more fully matured. I quite agree with exhausted portion of the residue is applicable to charitable purposes' gen-

" the fund is also intended for charity and proposed large contribution from the orally, and if so of what nature and After observing that they cannot to applies the surplus accordingly (Attorney be some measure of control over the estate which they represent, there should in what locality, and that, if necessary,ceive of any other purpose to which any General v. Coopers' Company 19 Ves. 16). money's 60 contributed, and to ensure this a scheme may be settled for effecting surplus from the cetate could be to which demonstrate the extent to which of management of the proposed Nursing I was referred to certain recent cases the Trustees should be on the Comreittes auch general charitable purpose advantageously applied, they proceed to

(e)-If such unexhausted portion is submit to the Court the following pro- the Courte now apply the Crès doc Home, and further that they shaill, as of not applicable to general charitable pur-posal, viz. that, as from the 1st daytrine. In a very recent case-In re Welsh right, be trustees with others who may be poses does such unexhausted portion of January, 1922, one half of any surplus Hospital (Netley) Fund 1921, cli. 355- belong to the next of kin of the Testator. income arising from the residuary estate on the outbreak of the war a hospital appointed (under proposed Art. 3) of the

SIR WM. GOODMAN'S VIEW.

of the Testator, after providing for the was erected at Netley and equipped and property and funds of the Nursing Home. maintenance of the Matilda Hospital, run during the war, for the benefit of sick Then, in order to give full effect to the wishes of the testator, well matured.pro- The learned Chief Justice gave a very shall be appropriated yearly to and and wounded Welsh soldiers, by means elaborate judgment in which he remarked applied in or towards the erection and/or of large voluntary subscriptions raised in posals should be submitted for the free I was specially asked by the parties to endowment of the Nursing Home proposed Wales. In 1019 the hospital was closed, connection it may be well to consider whe

treatment of poor patients, and in this express my opinion on the following poins to be erected as the Hongkong War the staff disbanded, and the property sold ther it would not be practicable to set of law, viz-Assuming that, at the date Memorial.'' of the testator's death, his residuary estato They further submit that is a condi- the affairs of the hospital there was "The Matilda Ward or bequeathed by his will and Codicil was tion of the appropriation the Trustees of surplus of some £9,000. It was held, on erection and maintenance of the Hospital crificio members of the Committee which ing trust of the surplus for the subscribers more than sufficient to provide for the the Testator's will should be constituted the evidence, that there was not a result therein mentioned, ought the surplus to will have the management of the proposed to the hospital, but a general charitable be devoted to charity and the cy-près doc | Nursing Home and should also

be intention for sick and wounded Welsh trine to be applied, or would there be a Trustees, with others who may be appoint men which enabled the Court to apply the resuiting trust for the next of kin asted, of the property and funds of the pro-

fund cy-près regards such surplus?""

posed Nursing Home!

(Continued at foot of next column.)

"

to the War Office, and after winding up apart & free ward under the style, of

A

some. such

designation. This, of course, will involve I have therefore to request that the much elaboration of the proposed Art. 7. Trustees will eqnvey the opinions of the Court to the Committee charged with the control of the Hongkong War Memorial, and there will be liberty to apply further on this summone

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