INTERESTING LAW POINT

Dominion, Volume 11, Issue 40, 10 November 1917, Page 3

INTERESTING LAW POINT

MONE? FOR CHURCH MASSES. A. question involving considerations of interest to members of the Roman Catholic community was dealt with lecentiy in the judgment of the Full Bench In he FederalW Court of Aus ra ia The Kiipehl point was as co the .valiaaj 01 Eeiti made in wills to membra of KβToman CatKolie clergy lor the celobration of Masses for the repose of the souls' of testators or other persons, lhe w was thSt of Bridget Chi Ms, late of widowT wlojied m March 1916, ana bequeathed to {lie Hev. Father "elan, Eoman Catholic priest of Colac, £50 for Masses for the repose of the fouls of her late husband wd herself. Father Nelan died less than a month after testatrix , - death. He, therefore, had not celebrated any of the Masses as stimihted in the will. In the circuman es the executors of the will naked Hie opinion of the Supreme Court in regard to the bequest, and Justice Hood decided that the bequest became null and void aud the money fell into the residue If the e ate of Mrs. Childs. His decision was now appealed against on the ground that' upon the evidence in regard to Masses (or the dead, H» Honour ought to have found the Request was a chantable bequest, and should stand. Mr. Justice Barton expressed the opininu IM lhe Hi?h Court was bound to the j.rinciple of law which held that a use was not charitable where the observance of it "can lead to 50 public advantage, and can benefit and solace only the donor' or the donor and his family, but, as His.Honour found mcon rovertible evidence in the present case that the oWance or use of the trust was primarilv for the benefit of the wjiole of those who were within the faith of the donor, -ho came to the conclusion that elements were present which constituted the bequest a charitable gift. Mr. Jnstice Isaacs and Mr. Justice Powers concurred. The appeal was allowed, and it was ordered that £W be paid to the parish priest at Colac for the purpose, as directed by testator..