SUPREME COURT Order Sought To Vary Plan For Home For Vegetarians

Press, Volume CVIII, Issue 31753, 9 August 1968, Page 8

SUPREME COURT Order Sought To Vary Plan For Home For Vegetarians

A scheme to vary the disposition of an $85,000 estateleft by James Young, a retired farmer, to the Christchurch City Council for a home for vegetarians—was

presented to the Supreme Court yesterday, in an application under the Charitable Trusts Act

Mr Young, who died in August, 1964, left to the City Council an endowment fund and a property at 43 Hacktborne Road, valued at March 31 at $85,919, for use as a convalescent or rest home on strictly vegetarian lines—but his trustees proposed yesterday to transfer the property and fund to the Manchester Unity Welfare Homes Trust Board.

No party appeared in opposition to the proposed scheme. Mr Justice Wilson said he was prepared to approve the scheme provided that one of its clauses was amended to protect the interests of a person left, under Mr Young’s will, a life tenancy of a flat in the Hackthorne Road property. If this were done, said his Honour, he would then make the order sougljt, in chambers. New Hospice The scheme to vary Mr Young’s will, as presented by Mr M. F. Hobbs on behalf of the trustees, provides for the Manchester Unity Welfare Homes Trust Board to sell the Hackthorne Road property, and apply the proceeds of the sale and the endowment fund toward the erection and maintenance Of a 20-bed hospital wing attached to George Manning House, a home for the aged to be built by the board to Lyttelton street, Spreydon. The wing would be called the John Young Memorial Hospice—and the scheme provides that vegetarians who

qualify for admission be given preference Over nonvegetarians. If the capital cost of the hospice does not exceed toe total of the proceeds of Sale and the endowment fund, any balance would be administered by the Manchester Unity board.

New Applications Orders were also made by his Honour, under the Judicature Act, approving new applications for two charitable funds.

Under one order, the income from the H. and J. Ross Memorial Fund—a sum of $2OO given in 1927 by Mrs S. M. Ross as an endowment

to the St Matthew’s Church Victory Memorial School (now defunct) —will be divided, proportionate to roll numbers, between St Michael and All Angels Church Primary Day School and St Mark’s Open-air Day School. Under the other, the residuary estate of Edward George Ward, a retired cabinetmaker, who died in 1947—which he had directed be held for St Saviour's Girls’ Orphanage (now closed)—will be applied to cottage homes for Children run by the Social Service Council of the Diocese of Christchurch.

Mr E. J. Somers appeared for the applicant party in each case.