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THE PAROCHIAL CHARITIES. 133 |
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and died on June 10th, 1862. By his will, he directed his Trustees to purchase so much consolidated three per cent, annuities, or to invest a sufficient sum on real securities, as would enable them to provide an annuity of £300 a year for his wife and £80 a year for his mother during their respective lives, and he gave the residue of his real and personal estate to his wife and to John Mills, sen., in equal shares. There was no mention of any charity in the will, but shortly after his death a memorandum was found amongst his papers to the effect that he wished that all the residue of his property and the funds from which the annuities might arise should, subject to such annuities, be applied to the benefit of the poor inhabitants of East Grinstead and adjoining parishes. His widow married the late Mr. William Burgess, of Jacks Bridge, Lingfield, in January, 1864, but previous to this marriage her interest under her first husband's will was assigned to the Trustees of her first marriage settlement. Mr. John Mills, sen., was most anxious to see the discovered wishes of his old friend, Mr. John Smith, as to the devotion of the money to charities, fully carried out, and he strongly impressed on his wife and two sons the fact that though the legacy was left to him, he or they had no real right to it. He died on April 8th, 1865, before he could carry his desires into effect, leaving a will dated February 5th, 1853. His property was left to his widow and sons, and it naturally included his share of John Smith's estate. The opinion of the Court of Chancery was sought on the subject, and an order was made on June 1st, 1867, by which it was declared that the property of John Smith was given to his widow and to John Mills, not on trust, but for their individual benefit entirely. Despite this decision Mrs. Mills, the widow, was most anxious to carry out the desires of both the original testators, Mr. Smith and her husband, and in this wish she was joined by her sons, Messrs. John and Henry Mills. A deed was drawn up setting forth that they were desirous of assigning their individual moiety, and in order to carry out this desire the money was assigned to John Mills and two others. |
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