Case of Sutton's Hospital

Case of Sutton's Hospital 77 Eng Rep 960 is an old common law case decided by Sir Edward Coke. It concerned The Charterhouse, London, which was held to be a properly constituted corporation.

Facts

Thomas Sutton was a coal mine owner and moneylender, as well as the Master of Ordnance for the North of England, a military position. He founded a school and hospital as a corporation at the London Charterhouse. When he died, he left a large part of his estate to the charity. Sutton's other heirs challenged the bequest by arguing that the charity was improperly constituted. Therefore, they argued, it lacked a legal personality to be the subject of a transfer of property.

Judgment

In a full hearing of the King's Bench, it was held that the incorporation was valid, as was the subsequent foundation of the charity and so the transfer of property to it, including the nomination of a master of the charity to receive the donation, was not void.
Sir Edward Coke wrote in the report the following.
[Image:EdwardCokeInRobes.jpg|thumb|right|Sir Edward Coke.]