Playfair's Trustees v. Playfair [1900] ScotLR 37_543 (15 March 1900)

Playfair's Trustees v. Playfair [1900] ScotLR 37_543 (15 March 1900)

The residuary bequest was void from uncertainty because the class of beneficiaries was not defined by the testatrix but left to the absolute discretion of the trustees, amounting to a power to give to anyone, which is too vague to be valid.

Citation
[1900] ScotLR 37_543
Parties
Claimants: William Japp and James Thomas Japp (Trustees of Miss Mary Playfair); Claimant: Miss Anne Playfair
Jurisdiction
Scotland
Judgment Date
15 March 1900
Procedural Posture
Action of Multiplepoinding / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
Appeal allowed; Lord Ordinary's interlocutor recalled in part; residue held to fall into intestacy and awarded to Miss Anne Playfair as sole next-of-kin.
Legal Topics
Bequest Void for Uncertainty, Discretion of Trustees, Intestacy, Construction of Wills
Succession Trusts Bequest Void for Uncertainty Discretion of Trustees Intestacy Construction of Wills

Case Brief

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Parties

William Japp and James Thomas Japp (Trustees of Miss Mary Playfair)

Claimants

Miss Anne Playfair

Claimant

Procedural Posture

Action of Multiplepoinding / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether a residuary bequest to 'relations or other persons who in the opinion of my trustees may be entitled to participate' is void for uncertainty
  2. 2 Whether the trustees' discretion is too wide to constitute a valid bequest

Ratio Decidendi

The residuary bequest was void from uncertainty because the class of beneficiaries was not defined by the testatrix but left to the absolute discretion of the trustees, amounting to a power to give to anyone, which is too vague to be valid.

Court Disposition

Appeal allowed; Lord Ordinary's interlocutor recalled in part; residue held to fall into intestacy and awarded to Miss Anne Playfair as sole next-of-kin.

Orders

  • Recall the interlocutor of Lord Ordinary as regards the third finding and relevant rankings.
  • Find the directions for disposal of residue void from uncertainty.