Symmers' Trustees v. Symmers [1918] ScotLR 280 (26 February 1918)

Symmers' Trustees v. Symmers [1918] ScotLR 280 (26 February 1918)

The bequest to 'deserving agencies' is void for uncertainty as the class is not sufficiently defined, and the addition of a local limitation does not cure the vagueness. The discharge granted by the son on receiving legitim does not bar him from claiming the residue as heir ab intestato, as it only covered his legitim claim and not any entitlement arising from intestacy.

Citation
[1918] ScotLR 280
Parties
First Parties (trustees): James Milne, C. A., Aberdeen, and others (Symmers' Trustees); Second Party (only Surviving Child): James Adam Symmers
Jurisdiction
Scotland
Judgment Date
20 February 1918
Procedural Posture
Special Case (succession/trust) / Court of Session Inner House Second Division Judgment
Outcome
Bequest void for uncertainty; residue falls to intestacy; son entitled to residue as heir ab intestato; discharge does not bar claim.
Legal Topics
Charitable Bequest, Uncertainty, Intestacy, Personal Bar, Discharge of Claims
Succession Trusts Charitable Bequest Uncertainty Intestacy Personal Bar Discharge of Claims

Case Brief

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Parties

James Milne, C. A., Aberdeen, and others (Symmers' Trustees)

First Parties (trustees)

James Adam Symmers

Second Party (only Surviving Child)

Procedural Posture

Special Case (succession/trust) / Court of Session Inner House Second Division Judgment

Legal Issues

  1. 1 Whether the bequest to 'such charitable institutions or deserving agencies in Aberdeen and Stonehaven as they may select' is void for uncertainty
  2. 2 Whether the son, having granted a discharge on receiving legitim, is barred from claiming the residue as heir ab intestato

Ratio Decidendi

The bequest to 'deserving agencies' is void for uncertainty as the class is not sufficiently defined, and the addition of a local limitation does not cure the vagueness. The discharge granted by the son on receiving legitim does not bar him from claiming the residue as heir ab intestato, as it only covered his legitim claim and not any entitlement arising from intestacy.

Court Disposition

Bequest void for uncertainty; residue falls to intestacy; son entitled to residue as heir ab intestato; discharge does not bar claim.

Orders

  • First question (bar by discharge) answered in the negative.
  • Second question (validity of bequest) answered in the negative.