The transactions of the High Court of Chancery, both by practice and president,: with the fees thereunto belonging, and all speciall orders in extraordinary cases, which are to be found in the registers office as they are quoated by tearmes yeares & bookes. Collected by that famous lawyer William Tothill Esq; late one of the 6 clearks. And since reveiwed [sic] by Sir Ro: Holborne, bencher of Lincolns-Inne.

[ 27] Charitable uses.

* 1.1Seymor contra Pauperes de Twiford, Mo∣ney long since given to a charitable use, de∣creed with Interest, Trin. 1634.

Wolrich contra Inhabitant de Frempton, Charitable uses upon the statute of 43. Eliz.

Burford contra Pauperes de Sudbury, Trin. 5. Car.

Slater cont' Phillips, concerning a charita∣ble use, and the Judges Certificate upon the statute of 43. Eliz. 5. Car. & Mich. 2. Car.

* 1.2 Pauperes de East-Greensteed contra Ho∣ward, My Lord declared, that when he had altered or confirmed the Decree made upon the statute of 43. Eliz. the Decree is to bee perpetuall, and then to remain in the Petti∣bagg, and it is in his power to make a De∣cree good, which is defective in 8. Car. & 10 how far a Purchaser shall be bound.

Hungate experte Inhabitant de Shorhorne

3. Car. A debt which is a charitable use in Action, was given for the erection of a Schoole, and this was a good appointment within this law.

Steward contra Jermyn, 41. Eliz. when a Donor appoints lands or goods to be sold for to maintain a charitable use, and doth not appoint by whom the sale shall be made by such as the Commissioers shall appoint.

Hellams Trin. 5. Car. a devise to the Company of Leather-sellers London, for a charitable use, was holden a good devise.

2. Jac. lands in Grates-Inne-lane, given to build a Schoole at Rugby in Com' Warr', the Commissioners did sit at Rugbie to en∣quire, and held not good.

Wingfield 4. Car. Mony was given for the good of the Church of Dale, and this was ruled good upon these generall words.

Kensham 41. Eliz. that a Copihold may be charged with a charitable use.

Goff contra Webb, 44. Eliz. upon the Will of one Hunt, of the Lease of the Rectory of Haines in the County of Wilts, it was resol∣ved by Egerton and Popham, that a devise of money be distributed to twenty of the poorest of his kindred, shall be a good de∣vise, notwithstanding it doth not appeare that he had any poore kindred.

Champion contra Smith, 3. Jacobi, one

Ridley being seised of Copyhold lands in Barking in Essex, did devise that the Parson and Church-wardens in Thames-street London, and foure honest men of that Pa∣rish, should sell the land, and employ the money for the poore and charitable uses in that Parish. And it was objected that the devise was voyd, because the Parson and Church-wardens were not a Corporation to take land out of London, nor to sell it for such uses, but it was decreed that the devise was good, and that they had a good Au∣thority to sell the same.

Stoddard 20. Jacobi, who devised by pa∣roll a yearly rent of 10. pounds per annum for ever, out of his house called the Swanne with two necks, in the old Jury London, for the maintenance of two schollers in Ox∣ford and Cambridge, and willed that Hugh le Scrivenor should put it into writing, which he did accordingly; And this was found by Inquisition, and decreed.

And it was objected, that the Devise was not good, for that a Rent could not be de∣vised by a Will Nuncupative, but the De∣cree was confirmed to be good, for a Rent may be created and granted without Deed in case of a Petition, much more for a cha∣ritable use.

Hire contra Cordall, Pasch. 4. Jac. upon

the Will of one Thompson, who being seized of lands in London, did devise that it should be sold after the death of his Wife, for Daughters Portions, and made his Wife his Executrix, and it was ruled, that the Executors of his Wife might sell, for land in London devisable by Custome before the Statute of Wills, but it was doubted that it had been of lands not devisable by Custome.

Major & Burgensis de Reading contra Lane, in 43. Eliz. A devise to the poore people maintained in the Hospitall in the Parish of Saint Laurence in Reading for ever, Exception was taken that the poore were not capable by that name for no Cor∣poration, yet because the Plaintiffe was ca∣pable to take lands in Mortmaine, and did govern the Hospitall; It was decreed the Defendant should assure the lands to the Major and Burgesses for the maintenance of the said Hospitall.

Sir Thomas Middleton, Hillar. 15. Jac. The Master and Mariners in a voyage to Sea, agreed that a ratable proportion should be deducted out of their wages, for reliefe of such seafaring men, as should be maymed at Sea, and Sir Thomas Middleton (being Treasurer for the Navy, Anno 1590.) had paid their wages, and deteyned this money

for the maymed sea-faring men, and not paid it, and although no certain particular men could claime it, yet he was adjudged to accompt for it by this Law.

Major Bristoll contra Whitton, 9. Car. A man deviseth by his Will, moneys to a cha∣ritable use, to be bestowed for poore people, and the residue of his goods to be employed to such uses as his Fecoffecs shall thinke meet, Devise is good, though it be devised to a Corporation, &c. in 8. & 9. Car. Two Judges Certificate afterwards.

Fisher contra Hill, when no use is men∣tioned or directed in a Deed, it shall be de∣creed to the use of the poore, and the Feoffe∣ment being made to Gentlemen out of the Towne, sought to bee avoyded, because it ought to be the Townesmen onely, Decreed in 10. Iac. li. B. fo. 238.

Pie contra _____ _____ in 14. Car.

Estcot contra Cooke & Mannington, in Mich. 15. Car.

Allen contra Cooke Mich. 14. Car.

Peacocke contra Thewer, M. 14. Car. If lands be given to a charitable use, to dispose an overplus, if the Purchasor had no notice, cannot bind him, but if rent issue out of land, the Purchasor must pay it, but will not charge him to pay arrerages before purchase, nor lay it upon one, nor excuse the other.

Mansell contra Middleton in Mich. 14. Car.

Penniman contra Iennings, Lands given to Church-wardens, voyd in law, decreed hereabout, 2. Car.

Pember contra Inhabitant de Kington, Whether money given to maintain a prea∣ching Minister bee a charitable use, the Lord Keeper, and the Judges did decree (notwithstanding it is not warranted by the Statute to be a charitable use) that the same shall be paid by the Executor to such maintenance, in Trin. 15. Car.

Pensterd contra Pavier, A. Deviseth 20 pounds per annum, to a preaching Minister, dyes, leaving lands and Assets, the Defen∣dant will not pay it accordingly, the Court with the Judges chargeth her out of the As∣sets, to buy lands to perpetuate it in Trin. 15 Car. shee having but a third part of the lands, and so ought not to bee chargeable with any more.

Bramble contra, Pauperes de Havering, Feme covert makes a will of 30 shillings per annum to a charitable use, out of some of her own lands and (though an Award) it shall be paid; and Bonds given to performe the same, yet the Heiro is not bound to performe the same in Trin. 15. Car.

Windfor contra Pauperes de Farnham,

whether after appearance upon exceptions, the Decree may be revived in Pasch. 2. Car.

Notes

• * 1.1

  Money gi∣ven to a charitable use de∣creed with damages.
• * 1.2

  Charita∣ble uses when con∣firmed by Lord Kee∣per not to be altred, and the Lord Kee∣pers pow∣er.