§ Sir E. Graham-Littleasked the Minister of Health in view of the decision in the Court of Appeal directing that a bequest to the Royal Cancer Hospital which had been diverted by him from the testator's expressed wish should be returned intact to the Board of Governors of the Royal Cancer Hospital, if he will adopt a similar procedure in the case of the Sanderson-Wells prize fund, and return as an intact unit to the Board of Governors of the Weymouth and District Hospital the capital and interest constituting the trust money, to be used for the purposes specified by the donor.
§ Mr. BevanNo, as the circumstances of the two cases are entirely different. The bequest to the Royal Cancer Hospital has at no time been diverted by me from the testator's expressed wish.42W On the contrary, in the proceedings in the Court of Appeal Counsel for the Ministry of Health supported the arguments of the Hospital that the bequest should be paid to the Board of Governors under Section 60 of the Act, which deals with the power of trustees to make payment to Boards of Governors, and the Court of Appeal accepted this view. The Weymouth and District Hospital, as a non-teaching hospital, is a different case, and I would refer the hon. Member to the answer which I gave to him on 3rd November.