Friends of Hastings Cemetery
WENT TREE TRUST
(A) PROVISION OF GRANTS TO THOSE PEOPLE OF HASTINGS WHO WISH TO EMIGRATE TO COMMONWEALTH COUNTRIES (THE EMIGRATION FUND)
(B) PROVISION OF GRANTS FOR THE PURCHASE OF ARTEFACTS FOR THE HASTINGS MUSEUM (THE MUSEUM FUND)
WILL OF BEN HARRY WENT TREE 1ST MARCH 1926
Re Tree, Idle v The Corporation of Hastings
CHARITIES / CHANCERY DIVISION /
EVERSHED J / 25 APRIL 1945
Charities – Validity – Gift for the promotion of emigration to Dominions of British Empire – Gift confined to persons residing in the borough of Hastings in or prior to 1880, or their descendants – Assistance to be given to any one person or any one family not to exceed specified amount – Whether beneficiaries limited to poor members of class indicated – Public character – Whether class indicated section or portion of general public – Descendants of persons residing in Hastings in or prior to stated year – Whether proof of ancestry introduced purely personal element as essential part of qualification.
A testator left half his residuary estate upon trust to apply the income thereof for the purpose of assisting persons who resided in the borough of Hastings in or prior to 1880, or their descendants, to emigrate to any of the Dominions of the British Empire, the object of the testator being 65 to improve the condition in life of such persons. The trustees were directed that in no case should more than £50 be given in respect of any one person or more than £150 in respect of any one family, and that assistance should only be granted after due enquiry as to the suitability for emigration of the person or family concerned.
The questions for the determination of the court were (i) whether, upon the true construction of the will, the persons intended to be capable of benefiting ought to be limited to poor members of the class indicated; (ii) whether the gift was of the necessary public character as referring to a section of the public or of the community and not merely to private individuals or a fluctuating body of private individuals; the class definable by reference to a locality, ie residence in Hastings, having been increased by adding their children or descendants who, in order to qualify under the will, must rely on a purely personal relationship to an individual or individuals, which in its essence was non-
Held – (i) the purpose asserted in the will being that of assisting persons financially, by a limited amount, to emigrate and improve their condition in life thereby, the true intention of the testator was to confine the class of persons which could benefit to poor persons.
(ii) the class capable of benefiting was defined by the testator by reference to a section of the community as a whole, distinguished from the rest of the community by a characteristic which did not involve the notion of selection by the testator, at any stage in the devolution, of individuals as individuals. The gift had, therefore, the necessary public character and constituted a valid charitable trust. -
Will help emigrants -
MEN and women from Hastings who wish to emigrate to Commonwealth countries are eligible for free passages and assistance grants under the will of a man who died 24 years ago.
Alderman Ben Harry Went Tree, Jour times Mayor ot Hastings, who died m January 1927, aged 82, had a great affection to [sic] the Commonwealth and all its associations.
His will laid it down that any Hastins citizens who lived in the town in or before 1880, or any descensnyd, could claim a substantial grant to help them emigrate to any of the Dominions.
The Late alderman's legal representatives said recently that the trustees of the beuqest were now inviting applications from intending emigrants.
Years of litigation had delayed the scheme, he said, but ample funds were available.
Twelve applications have already been received.