Gibson and Another Petitioners [1900] ScotLR 37_917 (17 July 1900)

Gibson and Another Petitioners [1900] ScotLR 37_917 (17 July 1900)

The Court held that it had jurisdiction because the fund was a charity in the nature of a trust, and the original resolution contemplated application of any surplus to similar objects. The proposed scheme for administration of the surplus was approved, subject to minor amendments, as it aligned with the original charitable intent.

Citation
[1900] ScotLR 37_917
Parties
Petitioners: Gibson and Another
Jurisdiction
Scotland
Judgment Date
17 July 1900
Procedural Posture
Petition / Final Judgment on Scheme Approval
Outcome
Scheme for administration of surplus funds approved with minor amendments.
Legal Topics
Charitable Trusts, Cy Près Doctrine, Jurisdiction of Court of Session, Administration of Charitable Funds
Charity Law Trusts and Estates Charitable Trusts Cy Près Doctrine Jurisdiction of Court of Session Administration of Charitable Funds

Case Brief

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Parties

Gibson and Another

Petitioners

Procedural Posture

Petition / Final Judgment on Scheme Approval

Legal Issues

  1. 1 Whether the Court has jurisdiction over a fund collected by public subscription for charitable purposes without a formal trust deed
  2. 2 Whether the surplus funds may be applied cy-près to similar charitable objects as originally intended

Ratio Decidendi

The Court held that it had jurisdiction because the fund was a charity in the nature of a trust, and the original resolution contemplated application of any surplus to similar objects. The proposed scheme for administration of the surplus was approved, subject to minor amendments, as it aligned with the original charitable intent.

Court Disposition

Scheme for administration of surplus funds approved with minor amendments.

Orders

  • Scheme No. 19 of process settled as the amended scheme for application and administration of the fund.
  • Expenses of the application and incident thereto chargeable against the trust fund, as taxed by the Auditor.