LAW REPORTS.

Dominion, Volume 7, Issue 2118, 8 April 1914, Page 3

LAW REPORTS.

' V :o/''dpNOß.ji£.,TßiUSTE|si ; ii||S|| ' ■pOSITIOX'S'KTHKnsSIONEKf : t; j ■, ; ■^■■ : --ti '..Jf-Sl^y^ttft!.-'' Matters affectiugf tlie^ntrol : ?of.U)ie Slissions to Seamen/^ : 'Wellingt(>n,?weni before the Cotirt: of. Appeal"yestei;day? On the Bench wero'-Their} Honours'.Mr'.' Justice Dcniiiston, Mr,.-Justiee.Edwards, Mr. Justice Sim; and'/Mr!. , Justice Has-' king, ■■■ 'W- v^'^'^^p^^lgfy Tlie appeal was : against ■ 'ii. Supreme 1 Court judgment' of His Honour : the Chief Justice (Sir Robert :; Stout): In tho course of his decision the Chief Justice said that the case was an action to rectify the voluntary declaration of trust. Mrs.' Mary Ann Williams purchased a pareel of land in Wellington, and before she took the transfer she atid four others formed a, body under the Religious, Charitable, and Educational Trust Boards Incorporation Act, 1884, called tho W. E. Williams Memorial for the Missions to Seamen Trust Board. That board did not seem to have, had any Articles of Memorandum or Deed of Settlement, except the form mentioned in tho schedule to tho Act: and except so far as. its name aiight disclose its object, there.was lie declaration as to its purposes ami object. Mrs. Williams ereeted a building on tlie land and on the opening of the building, what' purported to be a declaration of trust- was prepared and signed. That declaration purported to bo a- declaration of trust by the W. R. Williams Memorial for the Missions to Seamen Irust Board. The document wns not, however, under seal, and under the Act tods may be made by any hoard tinder its common seal. Further, the property w,as.the property of Mrs. Wiluams. though, with her consent and by her direction, the property had been conveyed to tho board. As'she was tho beneficial owner, she had to execute a ! declaration of trust in writing, as provided by Section 7 of the Statute of ■■ .frauds. Her complaint to the Supremo Court was that, that declaration of trust was net what she meant to deeJare, and, particularly, that there was I one omisswn in it of great importance, and that consequently she signed it under a mistake. "Pro-testaet afld Evaiigclfcal Lines." Clauses (.1) and (2) of the document read :-'■(].; That the said Sand, with tho buildings thereon, are- held by the W. it- Williams: Memorial for the' Missions to fceamen Trust Board, and by us, the trustees or such board,' upon trust for tlie use and benefit of seamen, and upon trust to permit tlie Missions to beamon to manage- and control the said building a »d to regulate the use thereol by seamen during such time as the iUissions to Seamen shall carry on its work and conduct its religious services in the omlding now erected upon the said fend, upon Ciulstian Protestant Jivangelieal lines or methods. &) In }» event of tie Missions if) Seamen railing to .conduct its-religious services Wm Christian Protestant Evangelical who shall hold the Christian >nt- feyangolwar faith, and who' shall conduct tile services held in the said "pen .-Christian 'Protestant Board shall beat liberty to take awav ' jho management and control of the sijd the .Missions to SeameS and to itself manage and control the 'R f?P P m rustees for the « mo bmng ot tho board, or to entrust tho management and control of the said building to such persons, body of pertonng to the spiritual,, moral, and intellectual well-being of Bcamc , t j toerd may tiunk lit.. Provided always conducted m.the said -building shall V I Christian, Protestant and Evangelical?". Hr. Moore's Position. ! -thS n£ S *«**■ of ? the ,S"Preme Court [ ;» 1 tl,e rds , " durils e ««ch time f in. Clause (1, the-words "tho said James Mooro shall h Q the missio.ier " the said seewty at the port of WeluVton and" be inserted (though tho m- ■ serwon of tlio.se words was not insist I?*™ »* tho hearing), and l^ following words he inserted at tho end ot aiau.o (1): -And durillg guch ti ■ cLf e + mis c'°" cr a P? ointecl by the Missions to feeumen shall have il,e approval oi- tho trustees for the time being; as a lit and proper person to supermteml the sasd -eanagement and control of the said building, having re- : B»rd to the trust upon winch the said bmUmg » held by the board"; and t iat at the commencement of Clause (2) [the iollowing words bo inserted: ''In the event of tho missioner appointed by tho saw -Missions to Seamen failing to have or retain the approval of th« trustees for the time being as a fit and proper person to superintend the «aid 'management, and control'of. the said bmWing as aforesaid or." The Words asked to bo inserted at the end of Clause (1) TO.re m the original draft of the Declaration of Trust, and were struck out.. I original Court Decision and Present ■ AppeaJ, The judgment of His Honour the thief Justice m the Supreme Court ■ was to tiie effect that tho declaration of trust should be amended as asked by Mrs, \\ilhams. His Honour said: "The effect of this .judgment is that the society have to submit the name of their nominated missioner to Mrs. Williams and the other -trustees for their approval, and if Mrs. Williams does not approve of the missioner whom they appoint they will have no right to .cecum- ' the premises." It was against this decision that the appeal was made. Tμ appellants were the Attoi-ney-GesiGral, ami Allan Macdonah!, and others, and tho respondent was Sirs. Williams. Mr. T. F. Martin appeared for the appellant*, and Mr C P., Skerrctt, with him Uγ. T. Neave, tor the respondent. Tho Court hoard argument dm-mg the day ami the case was then adjourned till 10.30 this morning. ,