Caldwell's Trustees v. Caldwell and Others [1920] ScotLR 593 (22 June 1920)

Caldwell's Trustees v. Caldwell and Others [1920] ScotLR 593 (22 June 1920)

The bequest is not void for uncertainty because the testators intended to benefit both charitable and benevolent institutions, the trustees have discretion, and the law does not require the objects to be exclusively charitable for the bequest to be valid.

Citation
[1920] ScotLR 593
Parties
First Parties (applicants): James Caldwell and others, testamentary trustees of James Caldwell and Margaret Telfer or Caldwell; Second Parties (respondents): Walter Caldwell and others, brothers and children of a deceased sister of James Caldwell
Jurisdiction
Scotland
Judgment Date
22 June 1920
Procedural Posture
Special Case (court of Session, Inner House, First Division) / Judgment on Validity of Residuary Bequest
Outcome
Bequest upheld as valid; question of law answered in the negative.
Legal Topics
Charitable and Benevolent Bequests, Construction of Wills, Uncertainty in Trusts
Succession Trusts and Estates Charitable and Benevolent Bequests Construction of Wills Uncertainty in Trusts

Case Brief

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Parties

James Caldwell and others, testamentary trustees of James Caldwell and Margaret Telfer or Caldwell

First Parties (applicants)

Walter Caldwell and others, brothers and children of a deceased sister of James Caldwell

Second Parties (respondents)

Procedural Posture

Special Case (court of Session, Inner House, First Division) / Judgment on Validity of Residuary Bequest

Legal Issues

  1. 1 Whether a residuary bequest to 'charitable and benevolent institutions' is void for uncertainty

Ratio Decidendi

The bequest is not void for uncertainty because the testators intended to benefit both charitable and benevolent institutions, the trustees have discretion, and the law does not require the objects to be exclusively charitable for the bequest to be valid.

Court Disposition

Bequest upheld as valid; question of law answered in the negative.

Orders

  • The residuary bequest is not void for uncertainty.
  • Trustees to distribute residue among charitable and benevolent institutions in Glasgow and Paisley as directed.