Dead Hand – by F.H. Goff

Page 23

come may be used. What is the remedy where this power is denied? In this country where legislative control is impossible, recourse can only be had to courts of equity to select another use-one nearest related in kind to the purpose designated by the donor. Unfortunately this remedy has been found costly, inadequate and unsatisfactory. Courts properly feel bound by precedent and judges are often too prone to continue the old activities. The inadequacy of this relief may be illustrated by appeals that have been made to the courts to reform or supervise charitable trusts in England. The Schools Inquiry Commissioners found the Berkhampstead Grammar School still in Chancery, after having been there for a century and a quarter. In the meantime it had undergone three decrees, five Master's reports, and fourteen orders in Chancery, notwithstanding which the buildings were found in bad repair, and the schools in a languid condition. At Bosbury a suit to remove the master of the Grammar School, to get an account and to appoint new trustees, lasted twentythree years and cost £1171, the school endowment being only £98 a year. At Stoke Prior, a charitable annuity of £10 fell into arrears, a Chancery suit was inPage Twenty-one


Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.