124.—The testator left two 'A" and "B;" that "A was to used as a dispensary, eollexe convalescent te, when covenant on house "B™ fell in, that was also to he used in ce The house to determine is:—Whether the trstees may erect the institute on some site other than the site directed by the "will asd acquire the land necessary for such other site. The form of the institute appears to be left to the trustees, who also may establish "Lester Institutions" for any good and useful public purpose as the Lester Trustees shall think it, but as a general guidance to the trustees itis stated that the institute or institutes should be for the instruction of "medical science, sur-gory, civil engineering, architecture and other useful and scientife know ledge."
"The trustees formed advisory committees consisting of medical men, representatives of the Cathedral School for Boys, and representatives of Chinese education, general scien-title knowledge, civil, electrical and mechanical engineering, and architect. ture. Professor Earle of Hongkong University also attended the committee as adviser to the trustees, and due course jo drew up a report at the request of the Lester Trustees, desired to request, which aul accumulated to 2 considerable extent, 8 hospital another parish alld the Bolingbroke Hospital.
This was refused by the Court.
The "Court found that there ws prevent the trust being carried out as directed by the bequest.
As Farwell, L. J, says:—'They are bound to apply' the funds. in named charities unless Practicable. A case for ey-pres application of trust funds cannot be manufactured, but must arise necessitate rei?
Cozens Hardy, M.I.:—"There can be no question of ey-pres until it is clearly established that _the direction of the testator cannot be Kennedy, L. "yepres doctrines can properly be_applied only where (and he quotes from the Judgment of Sir George Jessel, M. R. in re Campden Charities 18 Or. D. apply the property left by the founder in the exact way in which he has directed it to be applied and it can only be applied beneficially similar purposes by different means."
Biscoe x. Jackson (1887) 35 Eh.
460A bequest to found soup Kitchens and cottage hospital Shoreditch, No land could quired there. In that case it was held by Kay, J and after by the Court of Appeal, that the intention fof the testator was to benefit the poor of the parish of Shoreditel that if a position Shoreditch could not he found another spot which would confer the fame benefit in the paris ould be found. eile intends not it should ive decated in a pare place, though thas would be wide of eivinge effect to vs, but that it parish, that poor of Shorediteh."
ley, La d.—"What the testator was aiming at was to produce food and medical attendance for the poor the parish."
The Crown Advocate in the case before me points out thut in that eave it was found impossible to plac the building on the site directed, but thatin this ease it hax not been shown that it is impossible to build fan institute on the site selected. 1 will deal with this: point presently. There are two other eases T desire to quote for the purpose of reference tate Wilson in re Twentyman e, Simpson O91 Parker, of all, we have a clans of eases where, in form, the itt is charitable purpose, but itis possible, taking. the will a a whole, to. say that, notwithstanding, the form of the tilt, the paramount intention, ace cording' to the true construction of the will, is to give property. in the first instance for a general charitable possible to eavty out the precise directions, on ordinary prinetples the will remain andthe Court, by virtue of its administrative can direct w scheme how it is to be carried out."
'The' other case, Queen's School Chester" (1910) 1 Eh. D. ThA school had been founded in 877 Coe the religious, liberal, and useful education of girls" under certain con: ditions, After a time, 1b wax found hat the school way carried Toss, and cout not continue to be carried on unless the original scheme or condition of the bequest. were altered, so as to render the school eligible for w grant. from the Bowrd Kalueation. "In that ease, Kve, J made an order changing the condi tions of the bequest, station "Having regard that the primary object of the eh ity cannot given: effect to unde carried tunicler the existing stitution.
Text read from the printed page and cleaned; old type leaves the occasional error.