Habershon v Vardon
Encyclopedia
Habershon v Vardon [1851] was a case on the issue of Charitable trusts in English law
. In it Sir James Lewis Knight-Bruce, Chancellor of the High Court
, ruled that a gift of £1000 to restore the Jews to Palestine was not a charity legacy.
, donated £1,000 in his will
to restore the Jews to Palestine, stating that the sum "be paid towards the contributions that I do confidently believe and earnestly pray will speedily be begun to be raised under the sanction of our hitherto so highly favored church and nation, in evidence of Christian faith, towards the political restoration of the Jews to Jerusalem and to their own land; and as I conscientiously believe also that the institution by the Anglican Church of the bishopric of Jerusalem is the actual commencement of the great and merciful work of Jehovah towards Zion".
It was agreed that a legacy towards the bishopric of Jerusalem was a good charitable gift, but the validity of the £1000 was questioned.
, read:
Charitable trusts in English law
Charitable trusts in English law are a form of express trust dedicated to charitable goals. There are a variety of advantages to charitable trust status, including exception from most forms of tax and freedom for the trustees not found in other types of English trust. To be a valid charitable...
. In it Sir James Lewis Knight-Bruce, Chancellor of the High Court
Chancellor of the High Court
The Chancellor of the High Court is the head of the Chancery Division of the High Court of Justice of England and Wales. Before October 2005, when certain provisions of the Constitutional Reform Act 2005 took effect, the office was known as the Vice-Chancellor...
, ruled that a gift of £1000 to restore the Jews to Palestine was not a charity legacy.
Facts
In 1842 Nadir Baxter, of the Church Pastoral Aid SocietyChurch Pastoral Aid Society
is an Anglican evangelical mission agency which works with a wide variety of churches across the UK and the Republic of Ireland. Its aim is to ‘enable churches to help every person hear and discover the good news of Jesus’. It provides a range of tools, training and resources to churches to develop...
, donated £1,000 in his will
Will (law)
A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his/her estate and provides for the transfer of his/her property at death...
to restore the Jews to Palestine, stating that the sum "be paid towards the contributions that I do confidently believe and earnestly pray will speedily be begun to be raised under the sanction of our hitherto so highly favored church and nation, in evidence of Christian faith, towards the political restoration of the Jews to Jerusalem and to their own land; and as I conscientiously believe also that the institution by the Anglican Church of the bishopric of Jerusalem is the actual commencement of the great and merciful work of Jehovah towards Zion".
It was agreed that a legacy towards the bishopric of Jerusalem was a good charitable gift, but the validity of the £1000 was questioned.
Judgment
The judgement of Sir James Lewis Knight-Bruce, Chancellor of the High CourtChancellor of the High Court
The Chancellor of the High Court is the head of the Chancery Division of the High Court of Justice of England and Wales. Before October 2005, when certain provisions of the Constitutional Reform Act 2005 took effect, the office was known as the Vice-Chancellor...
, read:
The gift of £1000 is not a charity legacy: it is void. If it can be understood to mean any thing, it is to create a revolution in the dominions of an ally of her Majesty. At any rate, it is totally void.