ALLCAED v. SKINNER.

[1885 A. 1271.]

Internal Assessment-Law of Contract

Subject: Law of contract (LW 1011), Autumn Semester-2022

Professor- Dr. Amarendra Pattnaik

SL. NO. Roll Name of the Contact Number

Number Student
1. 2282124 Swastik Samantray 9658613427
2. 2282141 Shivani Achari 8917281351
3. 2282127 Swayamsi Swain 72850 06195
 IN THE COURT OF APPEAL, CHANCERY DIVISION

Suit No. …………. of 1887

Between:
Miss M.A Allcard …Plaintiff
Vs
Miss Skinner …Defendant

Suit for recovery of Property

The above-name plaintiff states as follows:

1. This was an action to recover certain sums of money and railway stock alleged to
have been made over and transferred by Plaintiff to Defendant Miss Skinner whilst
acting under the undue influence of that Defendant and without any independent and
separate advice.

2. In June, 1868, the Plaintiff, Miss M. A. Allcard, being about thirty-five years of age,
was desirous of devoting herself to good works and was introduced by the Kev. D.
NiMH, then her spiritual director and confessor, to Miss Skinner, who was then the
lady superior of a Protestant institution known as " The Sisters of the Poor." This
institution or sisterhood was a voluntary association of ladies who resided together in
Mark Street, Finsbury, E.G., and devoted themselves to works of charity under the
direction of Miss Skinner. The Eev. D. Nihill and Miss Skinner were the founders of
the sisterhood; and the Kev. D. Nihill was, from its inception, the spiritual director
and confessor of the sisterhood, c. A. and drew up all the rules by which it was
governed. After 1887 becoming thus acquainted with Miss Skinner, the Plaintiff, as
an associate of the sisterhood, saw much of Miss Skinner, and, ultimately, in January,
170, became a " postulant " of the sisterhood.

3. In April 1870, the Plaintiff became a " novice," and in August 1871, she became a
professed member of the sisterhood, and bound herself to observe (inter alia) the rules
of poverty, chastity, and obedience. These rules, which had been formulated by the
Rev. D. NiMH, and had been made known to the Plaintiff before and at the time she
became a " postulant," were, so far as is material, as follows: —
 d" Of receiving Reproof. "

"' The beginning of strife is as when one letteth out water,' but as there is no room for
strife between the creature and the Creator, so likewise between thee and thy
Superior, who standeth to thee in the place of God. . . . Now, therefore, understand
how thou toughest to receive reproof from thy Superior, whether it be just or unjust. I
say not whether unto thee it appeareth just or unjust, for how can the guilty sit in
judgment on the Judge, and the moment thou beginnest to question the justice of thy
Superior's reproof thou beginnest to sin.
" First, then, when thou are reproved, remember that the voice of thy Superior is the
voice of God. Listen on thy knees in perfect silence and defend not thyself. Keep
silence till thou are bidden to speak, and then let thy words be reverent and few. ...

" Of Poverty. "

" Behold then the three strong walls that shall keep safe within your hearts the spirit
of Poverty. They are— "
1. The cutting off of possessions. "
2. Hardness of Life. "
3. Love of the Poor."
[The rule then went on to enjoin the absolute giving up of all individual property,
whether it were given up to relatives or friends of the member, or to the poor or to the
sisterhood itself, and that if it were given up to the sister-hood it should not be
required or reclaimed by the members on leaving the sisterhood. All the forms of gift
in the schedule to this rule were in favour of the sisterhood

" Of Obedience. "

" What, then, is obedience as it must be lived in by you. First, it consists in regarding
the voice of your Superior as the voice of G od. . . . The letter of your Rule and the
living voice of your Superior are nothing else but helps and guides to the end that ye
may the more perfectly do the will of God. Therefore, as in obeying your Superior ye
seek to obey God, so in the command of your Superior ye must necessarily hear the
voice of God. . . . And let those whose it is to obey consider not the person whom they
obey, but in her ever behold Christ the Lord for whose sake they obey her. Let this
obedience be willing, loving, absolute, prompt, unhesitating, and trustful. Let them
never think it of little moment to obey in any matter, whether great or small, nor ever
desire any reason for an act of obedience. . . .

" Common Rules."

" XXX. Let no sister speak or write to externs about what happens in the Convent
unless she have reason to think that it is the wish of the Superior. Rules and other
written matter belonging to the Convent are not to be shewn or rehearsed “to anyone
outside but by the express permission of the Superior.
" XXXI. Let no Sister seek advice of any extern without the Superior's leave."
4. The rules also provided that all property made over to the superior for the time being
should be held by her on trust for the sisterhood; and, in fact, all property received by
Miss Skinner was thrown into a common fund, and used for the general purposes of
the sisterhood, and the accounts were kept by the Rev. D. Nihill.

5. In 1870 the Plaintiff became entitled to considerable property under her father's will,
in part of which she had an absolute interest, and in part she had an estate for life with
power of disposition by will. She was also entitled to the income for life of a further
portion without any power over the capital

6. In March, 1870, the Plaintiff, shortly after she became a " postulant," made a will
leaving all her property to Miss Skinner, and, whilst she was a member of the
sisterhood, made over {inter alia) the following property to Miss Skinner, viz.:—
 In September, 1871, two cheques amounting to £1050.
 On the 4th of July, 1874, £937 10s. Glasgow and Greenock preference stock,
which was subsequently invested in £1171 4 per cent, guaranteed annuities
stock of the Caledonian Railway Company.
 On the 8th of July, 1874, £3943 Midland Railway ordinary stock.
 On the 28th of March, 1876, eleven preference shares of the Cannock Chase
Colliery Company, Limited, valued at £990.
The greater part of these funds had been spent for the purposes of the sisterhood
before the action was brought, but the sum of £1171 stock of the Caledonian Railway
Company and £500 stock of the Midland Railway Company remained in Miss
Skinner's hands.

7. In May, 1879, the Plaintiff left the sisterhood and immediately revoked her will, but
made no claim for the return of her property until March, 1885, and did not issue the
writ in this action until August, 1885. The Plaintiff by her statement of claim alleged
that she was induced to make over the above-mentioned property whilst acting under
the direction and paramount influence of Miss Skinner, and without any separate or
independent advice, and without any due consideration of the reasons for or effect of
what she was doing, and claimed :—

o A declaration that the property made over by her to the Defendant

Skinner was made over to that Defendant as trustee for her and not by
way of gift.
o Or, in the alternative, a declaration that the Plaintiff was induced to
make over the property by the undue influence of the Defendant
Skinner.
o In any case, repayment of the moneys and re-transfers of the railway
stock.
o An injunction to restrain Defendant Skinner from transferring or
dealing with, the railway stock, and to restrain the railway companies
(who were made formal Defendants) from registering transfers of the
same.