SIR,—I think that your readers will be interested in the accompanying opinion, written in consultation with an eminent Chancery Queen's Counsel, with which I have been favoured. It will be observed that this important legal deliverance
justifies much stronger language than any which I have applied to the only security (?) for the proper administration of the funds in Mr. Booth's hands which appears to be in existence.
I am, Sir, your obedient servant,
T. H. Huxley.
1, Dr. Johnson's Buildings, Temple, E.C.,
January 14, 1891.
MR. BOOTH'S DECLARATION OF TRUST DEED, 1878.
"I am of opinion, subject to the question whether there may be any provision in the Charitable Trusts Acts which can be made available for enforcing some scheme for the appropriation of the property, and with regard to the real and leasehold properties whether the conveyances and leases are not altogether void, as frauds on the Mortmain Acts, that nothing can be done to control or to interfere with Booth in the disposition or application of the properties or moneys purported to be affected by the deed.
"As to the properties vested in Booth himself, it appears to me that such are placed absolutely under his power and control both as to the disposal and application thereof, and that there are no trusts for any specific purposes declared which
could be enforced, and that there are no defined persons nor classes of persons who can claim to be entitled to the benefits of them, or at whose instance they could be enforced by any legal process.
"As to the properties (if any) vested in trustees appointed by Booth, it appears to me that the only person who has a locus standi to enforce these trusts is Booth himself, and that he would have absolute power over the trusts and the property, and might deal with the property as he pleased, and that, as in the former case, nothing could be done in the way of enforcing any trusts against him.