CHANGE OF OBJECT

Evening Post, Volume CX, Issue 68, 17 September 1930, Page 13

CHANGE OF OBJECT

GIFT TRUST TO CHURCH

AX ORGAN, NOT BELLS

(By Telegraph.)

(Special to "The Evening Post.")

DTJNKDIN, This Day.

A petition was brought before Mr. Justice- Kennedy in the Supreme Court yesterday asking that the object of a trust left, by the late Robert Glcndinmg to Knox Church be changed so that an organ might be provided instead of a peal of bells.

The facts as submitted to his Honour were that Robert Glendining left £1000 for the Knox Church Deacons' Court to provide a peal of bells for the church. It having been found inconvenient to do so, the Deacons' Court applied to the Court to approve of a change of object of the trust, under the Religious Charitable Education Trusts Act of 1908, from a peal of bells to an organ. Mr. J. C. Stephens appeared for the Knox Church Deacons' Court, and Mr. C. J. Payne for the Perpetual Trustees Company (executors of the "will of Robert Glendining), and the other beneficiaries.

Mr. Payne said liis clients all consented to and approved of what was desired by the petition. The only condition they asked was-that the estute should not be p ' to any expense with regard to the costs. The Deacons' Court had undertaken to pay all the costs. - .....

Mr. Stephens said it was clear that it was impracticable to carry out the_ trust as the amount of the fund was inadequate for the purpose. The fund now amounted to £ISOO, the original amount of £1000 and the accumulation. A peal of bells would cost £3206. It was shown, by affidavit and a report that a new tower would be necessary, and that it would cost £3000, making a total of £6206. It was a matter of common experience that, church bells might become a nuisance to the people in the immediate vicinity.

His Honour: "An injunction, was once issued restraining certain bells in Wellington; not stopping them, but re; quiring less frequent ringing." In reserving his decision, his Honour asked that counsel for the petitioners should submit a draft order embodying the undertakings referred to in the petition.