|This is an unofficial archived version of The Holy Trinity Endowment Fund Trust Deed Amendment Act|
as enacted by SM 1990-91, c. 1 on November 14, 1990.
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R.S.M. 1990, c. 67
The Holy Trinity Endowment Fund Trust Deed Amendment Act
|Table of Contents||Schedule(s)|
WHEREAS by an indenture (hereinafter called "the trust deed") dated June 25, 1935 and duly entered into between The Church of England, Parish of Holy Trinity, in the City of Winnipeg and Diocese of Rupert's Land, and the trustees therein named and their successors (a true copy whereof is set out in Schedule A), a trust fund, to be known as Holy Trinity Church Endowment Fund, was established and provision was made for constituting and thereafter maintaining the said trust fund;
AND WHEREAS The Church of England, Parish of Holy Trinity, in the City of Winnipeg and Diocese of Rupert's Land, and the trustees for the time being, by petition, prayed that the trust deed should be amended and validated to substitute for clause 5 thereof another clause;
AND WHEREAS their prayer was granted, and resulted in the enactment of An Act to amend and validate an Endowment Fund Trust Deed bearing date 25th June, A.D. 1935, of the Church of England, Parish of Holy Trinity, Winnipeg, Manitoba, in the Diocese of Rupert's Land, assented to March 30, 1951;
AND WHEREAS the Minister of Justice has caused the Act to be prepared in English and French for re-enactment in accordance with a judgment dated June 13, l985 and an order dated November 4, 1985 of the Supreme Court of Canada;
THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
Clause 5 of the trust deed is amended by substituting therefor the following:
5. The Trustees shall apply the net annual income derived from the corpus of said fund in the promotion, aiding, and furthering of the objects, work, and purposes of the Church so long as the same be charitable, in such manner as a majority of the Select Vestry thereof for the time being shall by resolution from time to time request, approve, and direct; and any portion of said annual income remaining in the hands of the Trustees at the end of each successive year shall be retained by the Trustees and by them be added to the corpus of the Fund, which portion shall thereafter form an integral part of said Fund and be merged therewith.
The trust deed as hereby amended shall be construed as if it had at all times heretofore contained said amendment.
The trust deed as hereby amended and all the provisions and conditions thereof are hereby validated and declared to be, and at all times heretofore to have been, a valid and effectual charitable deed of trust for all of the purposes, and subject to all of the conditions, therein provided.