Greig and Others (Stewart's Trustees), v. Petitioners [1908] ScotLR 129 (17 November 1908)

Greig and Others (Stewart's Trustees), v. Petitioners [1908] ScotLR 129 (17 November 1908)

The Court held that empowering trustees to frame and alter regulations for bursary tenure, subject to a proviso requiring attendance at the Arts curriculum for at least three years and trustee approval of study branches, maintains the certainty of the scheme's accordance with the testatrix's original wish and does not delegate judicial power improperly.

Citation
[1908] ScotLR 129
Parties
Petitioners: William Greig and Others (Stewart's Trustees); Statutory Respondent (not Interposing): Lord Advocate
Jurisdiction
Scotland
Judgment Date
17 November 1908
Procedural Posture
Petition for Alteration of Trust Administration / Final Judgment
Outcome
petition granted
Legal Topics
Bursary Scheme, Modification of Trust Administration, University Curriculum Changes
Trusts Education Bursary Scheme Modification of Trust Administration University Curriculum Changes

Case Brief

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Parties

William Greig and Others (Stewart's Trustees)

Petitioners

Lord Advocate

Statutory Respondent (not Interposing)

Procedural Posture

Petition for Alteration of Trust Administration / Final Judgment

Legal Issues

  1. 1 Whether trustees may modify bursary regulations due to changes in university curriculum
  2. 2 Extent of court's power to authorize alteration of trust scheme

Ratio Decidendi

The Court held that empowering trustees to frame and alter regulations for bursary tenure, subject to a proviso requiring attendance at the Arts curriculum for at least three years and trustee approval of study branches, maintains the certainty of the scheme's accordance with the testatrix's original wish and does not delegate judicial power improperly.

Court Disposition

petition granted

Orders

  • Trustees authorized to frame and alter regulations for £20 bursaries subject to minimum three-year Arts curriculum attendance and trustee approval of study branches.
  • Scheme proposed by reporter approved as future administration scheme for bursary funds.