THE REPRESENTATION of Attorney General (on behalf of Administrators of GREVILLE BATHE FUND) [Royal Ct]

JurisdictionJersey
CourtRoyal Court
Judge(Ereaut, Deputy Bailiff and Jurats Luce and Le Brocq):
Judgment Date20 December 1973
Date20 December 1973
ROYAL COURT
(Ereaut, Deputy Bailiff and Jurats Luce and Le Brocq):

Charitiescharitable trustscy-prs doctrineif clear charitable intention, courts may apply funds to nearest possible charitable object if that specified by donor cannot be executed

Charitiescharitable trustscy-prs doctrinegift for relief of poverty of persons giving honorary service to community and their descendants extended to cover widows of such persons and rectorslimited balance applied cy-prs for relief to sick and aged residents and support of homes for such residents

EREAUT, DEPUTY BAILIFF: This matter arises upon a representation made by H.M. Attorney General, on behalf of the Administrators of the Greville Bathe Fund (hereinafter called "the Trust Fund"), praying that the Court might decree the administration of the Trust Fund cy-prs by authorising the transfer at the end of each calendar year of surplus income from one part of the Trust Fund to the other.

The representation shows that:

1. By his last will and testament of personal estate executed on the 9th October, 1961, at St. Augustine, Florida, in the United States of America, the late Greville Inverness Bathe (hereinafter called "the testator") created the Trust Fund to be known as "The Greville Bathe Fund" in the following terms, namely:

"I give and bequeath TWO-THIRDS of my holdings of and in the share capital of the limited liability Company registered and established in the Island of Jersey under the name and style of ANN STREET BREWERY COMPANY LIMITED (the business of which undertaking was founded by my father, Inverness John Bathe) hereinafter called 'the Company' to the Treasurer of the States of the Island of Jersey, for himself and his successors in the said office, IN TRUST for and on behalf of the States of the Island of Jersey, for the creation of a fund to be known as 'THE GREVILLE BATHE FUND', and I declare that the income of the said Fund will be disposed of and expended by grants of pecuniary relief or pensions in any form, in the following proportions:one half of the annual income of the said Trust for relief and pensions to needy persons of either sex whose legal domicile is in the Island of Jersey, who have rendered service to the Island of Jersey either in an honorary or remunerated administrative or clerical capacity, or whose ancestors were employed or engaged in such service to the Island, but excluding persons who are actually in receipt of grants or benefits under the Fund known as 'The Alice Rayner Fund' already administered by the States of Jersey; and one half of the said income for relief to sick and aged persons of either sex and of any age or denomination whatsoever, resident in the Island of Jersey, in addition of or otherwise to any pension or relief which such sick or aged person may already be in receipt of and to include grants or pensions in support of any institution or Home other than owned and administered by public funds, which has for its object the relief of sick and aged.

I declare that the said income of the said Fund will be administered at the absolute discretion of four persons resident and domiciled in the Island of Jersey who are not elected members of the States Assembly, to be named by the Assembly of the States, I would prefer and desire that those selected by the States of Jersey for the administration and sanctioning of grants from the income of the Trust Fund hereby created should be four of the Jurats of the Royal Court of Jersey, my reason for this being that the Jurats are entirely non-political and have been selected by an Electoral College established under the law of the Island. I also wish and desire that the aforesaid holding of shares in the aforesaid Company hereby bequeathed, should continue and be maintained as an investment of the said Trust, as in my view this is in the best interests of the said Company and to safeguard and maintain it as a local concern and undertaking."

2. An exemplified copy of the deceased's will was proved before the Judicial Greffier on the 16th December, 1964.

3. On the 6th October, 1970, John Herbert Pallot, Stuart Philip Pepin, O.B.E., Arthur Alfred Henry Downer and Roy Ernest Bailhache, Jurats of the Royal Court of Jersey (hereinafter called "the Administrators") were nominated by the States of Jersey as Administrators of the Trust Fund.

4. The Trust Fund having been divided by the testator into halves, the Treasurer of the States, acting upon direction of the Administrators, has maintained two separate accounts, namely, "A" Account, for relief and pensions to those persons designated in the first half, and "B" Account, for relief to sick and aged persons as designated in the second half.

5. As at the 31st December, 1972, there was a surplus of 44,986 in "A" Account, but that the income arising from "B" Account was fully committed.

6. The Administrators anticipate that the income from the Trust Fund accruing in "A" Account will continue to exceed the payments made from it to persons entitled to claim therefrom.

7. The Attorney General has sought the agreement of the heirs of the testator to the implementation of the terms of the prayer of the present representation from the advocates acting for the estate and that, from the correspondence available to him, he is satisfied that the residuary beneficiary has no objection to the proposal.

The Attorney General therefore prays that the Court might decree the administration of the Trust Fund cy-prs by authorising the Administrators to transfer on the 31st December of each year any surplus income from "A" Account into "B" Account to be used as directed by the testator for relief to sick and aged persons as provided by the second half of the Trust Fund.

Upon the presentation of the representation, the Court ordered that copies of it be served (a) upon the Administrators and (b) upon Miss Edith W. Jenkins, the person now entitled to the residue of the testator's personal estate, or upon her legal representatives in Jersey, so that they might be present or represented at the time of the consideration by the Court of the prayer. The Court also ordered that members of the public should be informed of the representation by means of notices to be inserted in the Jersey Gazette, together with the information that any person who so wished would be entitled to be heard personally or by counsel.

At the hearing to consider the prayer of the representation, the Administrators were represented by Mr. H.P. Clarke, the Secretary of the Trust Fund, who gave details of the administration of the two Accounts comprising the Trust Fund. The person entitled to the residue of the testator's personal estate was represented by Advocate R.A. Falle, who informed the Court, in terms which reflected credit on his client, that he was instructed to say that she was entirely satisfied that the testator intended by the Trust Fund to benefit the people of Jersey and that she wished to make no claim on any part of it. One member of the public, Mr. G.W. Croad, was present and exercised his right to speak on the matter, as did Advocate Falle in his capacity as "amicus curiae", and the Court is grateful to both for their interest and assistance.

Before the Court can consider the prayer of the representation on its merits, it must be satisfied as to two matters:

1. Does "A" Account of the Trust Fund constitute a valid charitable trust

2. If it does, is the cy-prs doctrine capable of application to this case

As regards the first...

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3 cases
  • Rahman v Chase Bank (CI) Ltd
    • Jersey
    • Royal Court
    • 6 June 1991
    ...(Trustees), 1978 J.J. 1. (9) Godfray v. Godfray (1865), 3 Moo. P.C.C.N.S. 316; 16 E.R. 120, followed. (10) Greville Bathe Fund, In re, 1973 J.J. 2513. (11) Howard's Will Trusts, In re, [1961] Ch. 507; [1961] 2 All E.R. 413; (1961), 105 Sol. Jo. 347, dictum of Wilberforce, J. applied. (12) J......
  • The Treasurer of the States v HM Attorney General
    • Jersey
    • Royal Court
    • 6 December 2021
    ...Law 1984. In the matter of the Representation of the Attorney General (on behalf of the administrators of the Greville Bathe Fund) [1973] JJ 2513. Charities (Jersey) Law 2004. Gelber and another v Sunderland Foundation and others [2018] EWHC 2344 (Ch). Lewin on Trusts 20th Edition Trust — ......
  • Re Fargus [Royal Ct]
    • Jersey
    • Royal Court
    • 29 March 1993
    ...nearest to the expression in the will, namely the Jersey Blind Society (In re Wardlaw-Milne, 1970 J.J. 1539, considered; In re Att. Gen., 1973 J.J. 2513, applied). ...

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