WESLEYAN PARSONAGE.

Taranaki Daily News, Volume LII, Issue 72, 21 April 1909, Page 4

WESLEYAN PARSONAGE.

WINDFALL FROM:A WILL. The purchase of the site for the erection of the new Wesleyan parsonage cast a considerable burden upon the Wesleyan—or, as the sect is now termed, the .Methodist—congregation in New Plymouth. Various efforts have been made to raise the necessary funds to wipe oil' the deficit. The load will be lightened by the decision of his Honor Mr. Justice Chapman, in the matter of the estate of Peter ; l'riskc, deceased; Edward Okey. Thomas Humphries, Elislia Yeale, and William Andrew Collis, plaintiffs (represented by Mr. J. 11. Quilliam) v. Joseph Wedgewood Boon, defendant (represented by Mr. 1). Hulehen), an originating summons taken out in order to have a determination by the Court of questions arising under the will of Peter Priske, of New PlyI mouth.

The testator by his will dated December tth, 18US, appointed the: Rev. John Whitelev, missionary, and Thomas' Yeale, settler, his trustees and executors. The residuary clause of the will was: "All the remainder of my property after these legacies and in.v liabilities have been paid I leave lo the trustees of the Wesleyan Society, in New Plymouth." Ily a codicil bearing the same date he added: "1 declare.' that the trustees of the Wesleyan Society shall hold the residue of my property in trust for the Wv.-devan connexion in New n.vmoulh. I„ be applied a-: my trustees may deem expedient." The ; testator died on the same day, ami his will was proved by both executors. Mr. Whitelev died on ISth I'ehruarv. I Sill.

The estate consisted of a piece of land. Thomas Yeale on the Dth February. I -:S3, executed a deed in favor of five persons, including himself, who were then the trustees of the Wesleyan Society or connexion in New Plymouth. By this deed the land was vested in these persons in trust for sale, and with a direction to invest the proceeds and to hold the same upon certain trusts then declared. Other trustees had since been appointed, and the plaintiffs were so far as was known the surviving trustees. The land had been sold, and there was a fund niuountina to tliOO in hand. The trusts of the deed of Dili November, ISH:i. substanially were to leave the actual disposal of the fund to l[v Quarter Hoard. To this body was given the power to set apart any portion of the fund for "permanent investment," but the substantial function of the Quarter Board in relation lo the fund was "from time to lime to withdraw from any such investments as aforesaid and to pay to the treasurer of the Wesleyan Society at New Plymouth such sum or sums as shall by any resolution or resolutions of the *aid Quarter Board or other local governing body, have been specially appropriated out of the said I rust funds for any of the purposes of the Wesleyan Connextioii at New Plymouth.

The plaintiffs as trustees of the will had now been directed by a resolution of the Quarter Hoard to'pay the tllllO to the defendant as treasurer of the Wesleyan Society of -New Plymouth to be applied by him in paying for the Wesleyan parsonage house recently erected in Xew Plymouth. This was in effect a direction to pay off a liability of the .Society validly incurred in connection with the purposes for whicli the Society existed. His Honor thought that from any point of view this could be done. It was not, in his opinion, necessary to decide whether the quasidelcgation to tlie Quarter Hoard of the responsibilities connected with (lie trust was valid to the extent of binding the trustees. If it were not valid it merely failed to relieve (he trustees of their responsibility. If the deed had taken the form of a permanent declaration of defined trusts indicating permanent olijccts within (lie scope' of the trustees' discretionary powers, „ qu,.s. lion would have arisen as to whether such a settlement did or did not exhaust the powers of the trustees. Xo such (piestion arose here. •. . . Whether tlie trustees could lie bound to olicv the mandate of the Quarter Hoard was immaterial as they recognised that the Quarter Hoard was giving a proper direction, and they were prepared (o act on it. ''The real question is whether the proposed destination is within the trust. I have no doubt that it is. The testator does not. necessarily contemplate keeping a permanent 'fund. Jti! gives the trustees the widest discretion as to what they think will best serve the aims of the Society. The proposed object i„ within both the original trust and any valid new trust that may have been declared by the deed."

An order was made sanctioning the payment of the fund to the defendant for the purpose set forth in the rcsoluli f the Quarter Board; costs of all parties to be paid out of the fund.