FREE DRINKS.

Pukekohe & Waiuku Times, Volume 5, Issue 177, 26 May 1916, Page 4 (Supplement)

FREE DRINKS.

A SHATTERED IDYLI

The Chancery Division of the High Court, in which the solemnity of tlie law reaches a frigidly majestic state, was called upon to decide a few days ago whether the bequest of a deceased number of the Savage Club U> establish a fund to provide free drinks for members should be upheld. In these days the Savage C'ub docs not enjoy si'much distinct on ad it did in the \ ictoriau era, when it included amongst ;ts members famous authors, artists and actors; but it still preserves a jittlo of its Bohemian atmosphere. Ji. is neither fashionable nor exclusive, Juit finds tlie bulk of its members among professional men who belong to the m dole classes.

The late Mr D. A. Louis, who itdescribed as having been a mining engineer, lecturer, traveller and journalist, was a member of the Savage Club, and when he died, on March 25th, U'ls, he bequeathed £651) to the trustees 'of the benevolent fund of the Club "to the intent that the income shall He devoted to the purposes set out in the second memorandum, which iv'.ll be found with this my will, but which is not to form part thereof, and I request that such memorandum be entered on the minutes of the said benevolent fund." The second memorandum referred to in the will was as follows:

"I have frequenCy noticed gloomy !o iks dispe led by the simple expression ' Have a drink.' old chap.' Now, I should like to be able to say tins to .some brother Savages for ever; therefore 1 have directed in my will that a sum to yield £26 per year be placed at the disposal of the benevolent fund fir that purpose. This will enable a few Savages to have a drink or smoke with Louis every day, to be consumed by himself, to the extent of not more than sixpence any one member per day; a day to start at L' p.m., and at the flowing of the club for the day auv bli ance from day to day may be added to that available for the next day throughout the week ; but any balance from a week remaining on Monday morning shall be devoted to the usual purposes of the benevolent fund. In connection with this fund, I should like, in th" hist instance, amongst my many old friends, Billy Barrett, E. J. Udell. Muddock and Hugh .Moss to have the first cnl each day but this is not to be cumulative; that is, if any one of these od friends does not exercise hi.; right, the moneys so available go to the general iund the next day, and so on until the Monday of the next week."

The teslatar was evidently a man of catholic sympathies, for in addition to this bequest for the purpose of providing free drinks at the Savage Club, he bequeathed sums of money to the Salvation Army, the vicar of St. .lames' Church Piccadilly, and to numerous charities. Among the minor bequests were "twenty shillings to the newspaper hoy with one arm who stands at tho doer in tlie day: twenty shillings to the old man with the heard who has ;i lace and a match-box for sile at the door in the evening; and also twenty shillings to the woman with a tray (if odds and ends who stand* about between Cook's office and that of- the International Sleeping Car Co." He also provided that in the event of his having forgotten friends who would like mementoes, they should consult bis executors, end that his rooms at, 123 Pall Mall should be kept open for the distribution of mementoes, that the legatees should bo invited in small parties and refreshments be p.'ov:ded. .Many particr, visited the rooms to make "elections.

But the personalty left by the testator was not sufficient to pay all the charitable legacies in full. The will and the first memorandum mentioned in it. Dv winch the testator bequeathed certain'of his personal boiongings to friends, was duly proved by the executory ; but the second memorandum, containing instructions regarding the Inquest of fcuoO, the interest on which was to be spent in supplying free drinks at the Savage Ciub, was not admitted to probate. Therefore tin- executor- made an app'icatiuH to the Chancery Court to decide the validity of this bequc.it. Counsel appeared on behalf of the trustees of the benevolent fund of the Savage Club, another barrister appeared on behalf ol Messrs Barrett, Odell, Middock and Moss, the four members of the Club who, according to the testator's memorandum, were to have a first call on the tree drinks; and a third barrister appeared on behalf of an independent member of the Savage c'ub. These three legal gentlemen argued '-hit the bequest waft valid. This contention was opposed by two other barristers, one ot whom represented the Salvation Army, end the other the Vicar of St. Jauu ■•', Piccadilly.

Mr .liMke Xi villi", \\ 110 heard the t! ; ic!i il the validity ot tln> i oi|iH'st. 11. 1 -aid that the second 11 ■cm til':; n<! u m eo:i!.l nut '■<' road a-- pari of tlio testator. He. had expressly dirthat wh'.ii a le-tator made a lioque-t upon trll.~t< not declared in I' a• will, evidences ol the trusts were .1 di;ii-si11!i• if tli< vv. ore conilinm ii dto tin- 1 ■ "_':i■i n J,, r.. there v..; !)o coMi'Minii-ation cS content:; ui the tiii'iooraiidimi f,> th" tru-iees until 11 r the death of tin- te-taor. I!i- had Iv directed that the memorandum was not i-i lo: in part his w i'l and that d:r- ---.:( i inn 11,-i-i Ho! he di-l CL'ardi d.