ADVOCATE-GENERAL OF BENGAL Vs. SWEBB-JOHNSON

JUDGEMENT

(1.) This suit has been instituted by the Advocate-General of Bengal for a declaration that the objects of a certain trust known as the Silver Wedding Fund are the education and assistance of children and dependants of Indian officers and soldiers (including non-combatants) who rendered military service under the Crown during the late Great War, or who took part or may hereafter take part in subsequent warlike operations and for an order that the defendants as administrators of the Silver Wedding Fund may be directed to give effect to the said objects and apply the income of the said fund towards helping those who came under the said objects.

(2.) The facts are as follows:-On the occasion of the anniversary of the Silver Wedding of Their Majesties the King-Emperor and the Queen-Empress in 1918, a large sum of money was subscribed as an offering to Her Majesty the Queen-Empress as a token of loyalty and affection. Her Majesty the Queen-Empress was pleased to accept the gift and to express a desire that the said gift should be devoted to the benefit of His Imperial Majesty's Indian subjects and further that the contributions made should form a fund for promoting the education of the children of Indian soldiers who had fallen in the Great War. The said fund is now vested in the Treasurer for Charitable Endowments. By a vesting order made by the Governor-General in Council under the provisions of the Charitable Endowments Act, 1890, the income of the fund was directed to be devoted and applied to and for the higher education of the children of the Indian soldiers (including non-combatants) who had fallen or been permanently disabled during the War. A scheme was settled for the administration of the said fund and certain administrators were appointed. The defendants are the present administrators.

(3.) For some years past, the entirety of the income of the said fund has not been spent on the said objects, it having been found impracticable to do so, with the result that there has been an accumulation of income of the said fund, which has been added to the capital of the said fund. It was, therefore, suggested that the objects of the said trust should be extended so as to include the education and assistance of children and dependants of Indian officers and soldiers (including non-combatants) who rendered military services under the Crown during the late Great War, or who have taken part or may hereafter take part in subsequent warlike operations. The proposed extension having been brought to the notice of Her Majesty the Queen-Empress, she has been graciously pleased to intimate that she agrees to the objects of the trust being extended in manner suggested.