R6.27 – The Fulton Prize

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Recitals-

1. The late Mary Bremner Fulton formerly of ‘Bymerton’ Crimea Street, St Kilda in Victoria, widow (‘the testatrix’), who died on 21 July 1909, by her will dated 27 June 1907 (‘the will’) provided-

‘…all the rest residue and remainder of my real and personal estate and effects and in pursuance of the powers contained in my Marriage Settlement and of all other powers me enabling in this behalf I do appoint and direct my said trustees to pay the sum of One thousand pounds to the University of Melbourne for the purpose of founding a Medical Scholarship in that University to be named the “Fulton Scholarship” such sum of One thousand pounds to be paid out of the corpus of my estate in Scotland settled by my Marriage Settlement…’

2. The fund is named in memory of the late husband of the testatrix, John Fulton MD, who was formerly principal medical officer to the Victorian militia. The testatrix has no known association with the University.
3. In or about 1909 the University received the sum of £969 8s 9d in satisfaction of the bequest from the estate of the testatrix.
4. In 1999 the medical degree course was totally restructured and there were no longer subjects called ‘Obstetrics’ or ‘Gynaecology’. Further, the income of the fund was insufficient to award a scholarship. As a result a cy près application was made to the Attorney-General for Victoria (‘the Attorney-General’) pursuant to section 4 of the Charities Act 1978 (Vic.) (‘the Act’).

5. On 21 November 2006, the Attorney-General sanctioned the following cy près scheme pursuant to section 4 of the Act to vary the trust known as ‘The Fulton Scholarship in Obstetrics and Gynaecology’, to provide a prize-

   1. ‘ (a) named The Fulton Prize;
      
      (b) awarded annually;
      
      (c) to the top student in a subject ‘Women’s and Children’s Health (Women’s Health Stream)’;
      
      (d) having the value of the net annual income; and

   2. If the subject ‘Women’s and Children’s Health (Women’s Health Stream)’ ceases to be taught the prize be awarded for the subject closest to the original at that time.’

6. At 31 July 2008, the amount of the fund was $9,753.39.

It is provided as follows-

1. The sum of $9,753.39, and any accumulations and additions to the sum, forms a fund called ‘The Fulton Prize’ (‘the fund’) and the fund must be paid into an investment pool and remain there until Council directs otherwise.

2. The net annual income of the fund is to be used to provide a prize, to be known as ‘The Fulton Prize’ (‘the prize’) to be awarded annually by the University on the recommendation of the dean of the faculty of Medicine, Dentistry and Health Sciences (‘the dean’)to the top student in the subject ‘Women’s and Children’s Health (Women’s Health Stream)’.

3. Before making any such recommendation the dean must consult the head of the school of Medicine.

4. If the subject ‘Women’s and Children’s Health (Women’s Health Stream)’ ceases to be taught the prize is to be awarded for the subject closest to the original at that time.