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'HONGKONG WAR

MEMORIAL

Interesting Judgment by the Chief Justice. An interesting judgment has been delivered in Chambers by the Chief Justice (Sir William Rees Davies) on an application relating o the estate of the late Mr. Gran ille Sharp-

of

MONDAY,

AUGUST · 14. 1992.

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provision, for the erontion and-main (Working Account, as audites fo tenance of such Hospital should not the year ending Stat December zxhaust the whole of the residuary 1921, shows that the expenditur state, the zeskansted portion or larred in maintaining and run- surplus ought to be applied to char; air the Hospital amounted

The acecunts $65,308.58,

als itakla purposes, according to a

show that there was a surplus o scheme for the regulation, and income from the estate after de management of such surplus trust fraying the cost of maintainingen. property to be settled by the Cours, running the Hospital in the year having regard to the directions con-fot- $186,849.48. Figures wen tained in the will and codicit and also laid before me showing th he whole circumstances of the surplus iname from the estat 'The "

Be ordered: (1) "That an for the last five years, from which The testator, who died in 1899. enquiry be made by the Registrar,¦ it appears that the margin between

the sequeathed

residue

is to the nature, scope, size and incense and the amount requires bia estate for the purpose of

costs of the Hospital directed by the to maintain the Hospital ha Srecting and maintaining Hospital, which is now the Matilda aid will and redicit to be erected; steadily increased.

The Colony's Greatest Need Hospital situated on the Peak and maintained, and as to the en The surples income arising from duxouent required for sust: main Now in regard t-the-Nursin. - the residuary estate, after provide tenance, with a view to the future Home which it is proposed ing for the maintenance and up-expansion i neerssary) of such erect as a Hongkong War Memo Mr. P. G. M. Bernard teep of the Hospital; has largely Hospital, and that a scheme for the ris Increased, and the Court was asklerection, endowment and manage-ja member of the Committer ap ed by the present Trustees of the ment of auch Hospital be prepared pointed to determine the form te estate. Sir Paul Chater and the by the executors and trustees and be taken by the War Memoriai Honourable Mr. A. G. Stephen, to settled by the Begistrar subject to submit a pro forma outline

the constitution of the Nursing order that one half of the surplus the approval of the Court. Home as approved by the Com funds be appropriated towards the Thas an enquiry be made by the mittee, and he states: "I:: endowment of the proposed "Nur Registrar as to the charitable pur-laimed in this Institution to pro- sing Home to be erected in con- junction with the Hongkong Wares to which any surplus of the vide the very best medical ant residuary estate tafter provisting for surgical attention and nursing The matter engaged the atten- the erection and maintenance of the such as is beyond the means c tion of the Court in 1904, when the said Hospital ought to be applied, the majority of persons in the then Chief Justice, Sir William and that a scheme be prepared by Colony without some measure of Goodman, ordered that the avail- the executors and trustees of the assistance, and to relieve able surplus funds at that time, will and settled by the Registrar, which would otherwise suffer for after providing for the Matilda subject to the approval and direc. lack of proper treatment, and it Hospital. should be devoted 19tion of the Uvart, for the appropria.particular to afford to those wh

Memorial.

charitable purposes in accordance) you of such surplus to such charit with a scheme to be drawn up andị che purposes.” approved by the Court.

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EARLIER TELEGRAMS,

(Cantinued frona Page 203

IRELAND'S TROUBLES.

Landon, August 12, The leader, Mr. Arthur Griffith, has died from heart failure. The suddentess of Mr. Gridith's death has shocked Dublin, where it occurred, no less than London, where it was not knowu that be had been ill. He was seized with inuenza ten days age, and some complications arose; but he had apparently recovered and visited his office yesterday, but left early. Later he was removed to the hospital and died from cerebral hemorrhage. Mr. Lloyd George, on behalf of the Cabinet, has telegraphed to Mr. Michael Collins, extolling Mr. Griffith's patristic qualities, sincerity and courage. The Premier adds that his loss is a heavy one for Ireland. The Premier aka paid a tribute to the deceased in a telegram of con- dolence ja the widow.:

Later.

A later acount of Mr. Griffith's death, from Dublin, says that after eating a hearty breakfast he was on the staircase of the hospital where he had recently been treated for, tonsilitis, ‘and was about to proceed to his office. He bent over, presumably to tie hiả "boot-face, when, suddenly emitting a low groan, he fell forward. le regained consciousness a minute later, for about twenty seconds. A priest was brought immediately and administered the last sacra- ment, but he had scarcely uttered the last word when Mr. Griffith died. It is generally assumed that his death was the result of the great stram imposed by recent events. There are many signs of mourning in Dublia.

Attempted Assassination in Devonshire.

London, August 12.

Major Neilson, formerly Chief Intelligence Officer of the R.LC. has been sent to hospital suffering from bullet wounds inflicted br gunmen, believed to be Irish, who tracked him down in Devonshire. Major Neilson was found in a lonely spot near Ashburton, where he was on holiday. He recently received threatening anonymous letters connected with Irish incidents..

Lendas, August 18. The story of the shouting of Major Neilson, mentioned earlier, establish is discredited. Inquiries from othria! queles fail to that the Mayor was in any way connected with any Irish depart- The police are reticent. It transpires that the villagers in the Ashburton neighbourhood did not hear any shots, Gun- shot did not cause Major Neilson's injuries. It is now stated that the Major reached a cottage with his arm bleeding and the letter 1. P. A. scratched on his chest. He told a circumstantial story of La attack. He appears to have been suffering from malaria.

Rebels Attack Dublin Post Office.

Leadon, August 12.

It is reported that Irregulars in Dublin attacked the Post Office int night, overpowered the guard and set fire to the building. Telegraphic communication with Deblim has ceased.

served in the late war accommo uation and treatment within the discretion of the Committee on special terms, including free treat The application dealt with by |

ment. The Court having at that time ment where expedient. No greates Sir William Rees Davies was! based upon that order and the 1909 given a decision on the all need exists in the Colony to-day. evidence showed that the surplus important que-thon as to the app and the Committee are convinced that the funds for a War Memo- funds had increased t. a large ex-{cation of the ry jews doctrine, the rial could not possibly be devited

drath of the

thenquir

directed by the learned to a better or more useful puss Chief Justice's judaurat semih te pose." The proposed Articles Mr. Eldon Potter instructed by have been deferred; baf owing to governing the Nursing Home em Mr. Hooper, of Messrs. Johnson the very large surplas which has power the Committee to regulate Stokes and Mastery appeared_forted to the estate the trustees fees to be paid which shall vary the-Trustees.-The-dil-enest Ges-

Tow Pen it partitable and seers according to the eircumstances eral Honourable Mr. J. H. Kemp.

sary to submit a scheme for the of the patient," and the Committee |K.C.) appeared in his representa- j

tive capacity,

(approval of the far as directesi are empowered to set apart "a

number 4 beds for which admisi Ho the euqary in onder tex

The trusters say in the affidavit on shall be free and shall deter

mine what cases are suitable for The plaintiffs to the action were that time depesents have given

such admission." Alexander Gordon Stephen. Sirle matter their vaxias and curein.i

Now the question which I have Catchick Paul Chater. Herbert) onsideration and it is fair opinion, to decide, continued the Chie! Sharp, Robert Bentham, Ellen that the surplus "income tax avail Justice, is whether the proposal Lydia Bentham (his wife), John ble niter providing for the main submitted as to the surplus Nugea: Wells and Harriett Wells rename of the Matilda kluspital, 2-, f the fund in accordance with (his wife), and the defendants. ndicated by the accads for 1921, the enquiry directed by this Court the Attorney General of the Cilany) he reached kuchepingmelivers as tuin 1964, should be approved? 14 of Acagkong, the Kt. Rez. Charles : pretimible to advance a may observe that the appropria-] Ridley Duppuy, D.D., the Reschena be the appausal of the tion suggested only deals with one Henry Copley Moyle, M.A., and the

honourable Court in answer for part half of the surplus income arising Rev. J. Kirk Maconachie.

Sir William Goodman reviewed The Chief Justice, in giving swers to enquiry No. 2 directed from the residuare estate.

at length the authorities bearing) judgment, said the application was by the Cour made herein, on the

They point out upon the cy-pres principle, and by Sir Paul Chater and the Hon. June. 1911. Mr. A. G. Stephen, the present tint the estate was in fact sworn there is a passage in his judgment trustees of the estate of the late for Proiate at studantes, but as the which reads: "It is possible that Granville Sharp, deceased, who result of careful nursing aml judie Mr. Granville Sharp, when he died in 1899 and by his will gave ions handling after laying out 8010.) made his will and codicil, did not his residuary the residue of his estate in trust 572.09 on the parehase of a site audi contemplate that for the erection and maintenance the building and equipment of the estate, would be more than suffi of a Hospital at Mount Kellett. Matilda Hospital and the Maternity cient for the purpose of the Hes now known as Matilda Hospital Ward addition to it, the trustees pital. At the time of his death that residuary extate was less than

and subject to the trusts set car

in the will. A codicil to the will now hold investments of 84,727,343. contained a number of instruci, representing proceeds of parts of £100,000, which at first sight might not seem very excessive for the tions, but for the purpses of the the estate and accumulations of sur-erection and suitable endowment application, the Chief Justice plus income and still have portion of a hospital. of charitable Tr thought it was only necessary to of the testator's residuary estate kind."

*

Later.

The Dublin Post Office was rushed by 20 Irregulars, whose main objective was the instrument roem, the most important section for telegraphic communication. Petrel was poured out and ignited. The Fire Brigade arrived promptly, however, and extinguished the Hames after some damage. The destruction of the telegraphic instruments was not accomplished, the vital apparstad remaining intact. The Nationals have taken possession, and it is stated that. a normal service will be resumed to-day. One of the septries was seriously wlunded and ece of the Irregulars arrested.

Capture of Cork

London, Augart 12. It is reported from Waterford that Cork was captured by the Nationalists last night.

Later. Ap otcial message states that the Nationals have occupied Cork City, taking 50 prisoners.

Later. The Nationals were accorded a tremendous reception on enter- ing Cork City. The casualties were seven killed, many wounded and some missing.

2

THE NON-COOPERATION MOVEMENT.

£

Calcutta, August 13. The Non-Cooperation leader Das has been released from gael. He was congratulated at large open-air meeting of Indians, at which he was presented with an address.

(Continued on Page 5.)-

the war à hospital was erected a:largument. He, however, urged

set out the following instruction: antralised of an estimated value to. Then the estate, it appears, was Netley, and equipped and run that any scheme to be approved "I desire that the Hospital day of 120" They further ex-sworn for Probate at about one during the war, for the benefit of for the control and management shall in all things be considered press the opinion "that in view of million dollars, whereas the pre-sick and wounded Welsh soldiers of the new Narsing Home should to be established as an absolute- the enormously increased amount of sent value of the estate is over by means of large voluntary sub-contain defnite provisions for the ly religious and evangelistic the restrictions which the three million and six hundred scriptions raised in Wales. In free or assisted treatment of poor institution.......That it be for testator thought himself forced by thousand ($3,600,000). It is clear, 1919 the Hospital was closed, the patients. This is, of course, con the benefit, care and happiness what is supposed to be the limits of therefore, that the testator had staff disbanded, and the property templated in the proposed Articles. of patients primarily who are his fortune to adopt, must necessari not contemplated the extent of sold to the War Office, and after which are before the Court. belpless..... and emphatically

I am prepared, speaking gener that the Hospital be for they to some extent be relaxed and the the funds, and it is suggested, and winding up the affairs of the Hos

I think with reason, that his ex-pital there was a surplus of some ally, the Chief Justice said, cupe of the charity widened just as elusion of Chinese, Portuguese £9,000. It was held, on the evito poor, the helpless, the forsaken

approve the scheme, but and for him who is alone and the testator would probably have and Japanese from the benefits of dence, that there was not a rebefore finally sanctioning it I desolate I wish that dif- relaxed them and widened it could the Hospital on the ground that sulting trust of the surplus for desire to see the scheme more fully ferent classes be provided for he have known to what extent his "the Hospital would be far too the subscribers to the hospital, matured. I quite agree with the and that the Hospital be reserv-state would grow.”

| limited," was based on the assump-but a general charitable intention trustees that having regard to the

from

Wales..

ed for British, American and After observing that they can-tion that the available funds were for sick and wounded Welshmen proposed large contribution from European_patients, with some act conceive of any other purpose not sufficient to include patients which enabled the Court to apply the estate which they represent the fand cy-pris. P.0. Lawrence | there should be some measure cź very limited discretion for the to which any surplus from the of all nationalities.

A Direct Authority.

J in his judgment, says: Directors, but excluding Chi state could be more advantage-

"The control over the moneys so con- nese, Portuguese and Japanese ously applied, they proceed to

Well then, as to the proposed trustees of the fund having this tributed, and to ensure this the who are well able to make ar-submit to the Court the following appropriation of a moiety of this surplus in their hands have come trustees should be on the Com- rangements for Hospital ac-proposals, viz: "That s

to the conclusion that it could best mittee of management of the pro- sarplus fund to the endowment of commodation on the hills if they the 1st day of January, 1922, on the Nursing Home. It has been be applied in the foundation of posed Nursing Home, and further see fit, and for whom this Hos-half of any surplus income arising laid down that if the income of scholarships for the encourage that they shall, as of right, be pital would be far too limited." from the residuary estate of the the fund in process of time become ment of the study of medicine and trustees with others who may be The Chiel Justice proceeded to testator, after providing for the

University of 3) of the property and funds of refer to a very elaborate judgment maintenance of the Matilda Hos-greater than is necessary for the surgery by persons of Welsh na-appointed (under proposed A

purpose named, the Court has ticnality at the given by Sir William Goodman, pital, shall be appropriated yearly power to apply the surplus to whether the particular application

The question is the Nursing Home, when Chief Justice in 1904, in which to and applied in or towards themch other purpose as it may deem which the trustees desire to make to the wishes of the tastator, well Then in order to give full effect the learned Chief Justice held that erection and/or endowment of the

proper upon the cy-pres principle. be

(Judgment of Lord Selbourne LC. of the funds in their hands is one matured proposals should be sub- "aaauming that at the date of the Nursing Home proposed to testator's death, his residusty erected as the Hongkong War in Chamberlayne x. Brockett, which is just fed under the docmitted for the free treatment of |trine of cy-près. It is argued that poor patients, and in this con estate bequeathed by his will and Memorial." They farther rubmit CA. at p. 211). This is direct

that "as a condition of the appro-authority for the present applica- the suggested application was not rection it may be well to consider codicil was more than sufficient to priation the trustees of the tion. It is also laid down that if a diversion from the particular whether it would not be prac provide for the erection and main-testator's will should be COD- tenance of the Hospital therein men-stituted ex-officio members of the exhausted by the charitable par force in this argument that, if a Ward" or some such designation. the income of the fand is actuallybject for which the fund was ticable to set apart # free ward raised. I think there is great under the style of "The Matilda ticned, the surplas must be devoted Committee which will have the

pose declared at the time of the to charity sad the cy-pres doctrine management of the proposed Nur gift, the Court assumes that any fund is devoted to the benefit of This, of course, will involve much be applied, and that there is no re-sing Home and should also be subsequent increase in the fund sick and wounded, that benefit elaboration of the proposed Art. 7. sulting trust for the next of kin as trustees, with others who may he is also intended for charity and whose duty it would be to attend the trustees will convey the includes the training of persons I bave therefore toʻrequest that regards such surplus." He declared appointed, of the property and applies the surplus accordingly to the sick and wounded" Vide opinion of the Court to the Com- "that the residuary bequest in the funds of the proposed Nursing (Attorney General v. Coopera' also in ré De Noilles 85 LJ. Ch. [.mittee charged with the contral - will and codicil is a good charitable Home."

Company 19 Ves. 187), Then there is also before the

of the Hongkong War Memorial, I was referred to certain re- bequest and that the executors, and trustees of the will should erect and Court, the Chief Justice continued, cent cases which demonstrate the Prepared to Approve the Scheme, and there will be liberty to apply,

an affidavit of Mr. E. J. Chapman, extent to which the Court now The Attorney General, who is further on this summonES provide for the maintenance of a

a Land and Estate Agent, who apply the cypres doctrine. In a made a party to these proceedings, Hospital at the Peak in accordance submits accounts showing in de very recent case in re Welsh appeared and supported the wp with the directions contained in the tall the value of the estate. He Hospital (Netley) Fund, 1921, plication of the trustees and said will sad codicil, and that if due states that the Matilda Hospital 1.C.D. 655 on the outbreak of associated himself in Mr. Potter's

807.

A VICTROLA