Jan 20th 1860
The Ancient Chapel of Toxteth Park
Disputed legacies for religious purposes.
At the County Court on Wednesday last Mr HULTON, Judge, gave judgement on a case involving points of interest to religious bodies.
The case was argued at considerable length in December last.
The trustees of a certain sum of £300, acting under the authority of the Board of Charity Commissioners, applied to the court to ascertain and declare the objects of the trust, and to give directions to the proper application thereof.
There were three claimants for the funds - the Minister of the Ancient Chapel of Toxteth Park, and the respective ministers of the new Presbyterian and Independent Chapels in Toxteth Park.
The money in question was left upwards of a century ago by members of the Ancient Chapel of Toxteth Park, for the Protestant Dissenting Minister who should be found in the faith of Christ. At that time the worshippers of this chapel were Presbyterians, or Independents, but they had since become Unitarians and hence the question in dispute, was a Unitarian Minister of the Ancient Chapel of Toxteth Park entitled to such funds ?
On the part of the Unitarian Minister, the Rev Mr ROBBERDS, it was urged that the recent statute of the 7th and 8th, Vic, cap 45, protected the title of a minister of, or congregation to funds in the disputed possession of which they had been for 25yrs before the commencement of the suit, and that anti-Trinitarian doctrines had been taught in this chapel for more than 25yrs preceding this suit - his Honour thought this only applied in cases were the intentions of the founder of the trust were matter of speculation, but in this case, he held they were quite clear in favour of a Trinitarian Minister.
His Honour decided therefore, in favour of the Independent and New Presbyterian Ministers, leaving them to arrange as to the division of the money. But this order was to be without prejudice to the right of any future minister of the Ancient Chapel of Toxteth Park who might claim an interest in the fund under new circumstances.
Copyright 2002 / To date