Royal North Shore Hospital of Sydney v. Attorney-general (NSW)

60 CLR 396

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Between: ROYAL NORTH SHORE HOSPITAL OF SYDNEY
And: ATTORNEY-GENERAL (NSW)

Court:

Judges: Latham CJ
Rich J
Starke J
Dixon J

Subject References:
Charities
Extension of technical education in State schools
Bequest for essay
Failure of bequest

Hearing date: 29 April 1938; 2 May 1938; 3 May 1938; 4 May 1938
Judgment date: 19 August 1938

SYDNEY

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ORDER

Decretal order varied by substituting for the fourth declaration therein the following declaration:

"(4)

that there is contained in the said will a general charitable intention to popularize and promote the following principles:

1.

The adoption of measures to prevent the deaths of so many Australian infants.

2.

The improvement of the Australian national food habits.

3.

The extension of the teaching of technical education in State schools."

by striking out therefrom the order directing an inquiry whether the nature of the principles referred to in the will can be ascertained from the published works or lectures of the testator or whether his works are contrary to public policy or morals and the directions relating to such inquiry: by substituting for the order that the Master in Equity do settle a scheme as set forth in the said order the following order:

"that it be referred to the Master in Equity to settle a scheme for the regulation and management of the charitable trust hereinbefore described";

and by adding a declaration that the direction in the said will contained to pay to the Sydney Mechanics School of Arts the sum of ten pounds fails. Decretal order otherwise affirmed and appeal otherwise dismissed. Costs of all parties to be paid out of the estate of the testator, those of the trustee as between solicitor and client.

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.