Kinloss Parish Council v. Morgan and Others [1907] ScotLR 181 (22 November 1907)

Kinloss Parish Council v. Morgan and Others [1907] ScotLR 181 (22 November 1907)

The term 'poor' in the bequest must be given its ordinary meaning, covering all necessitous persons in the parish, not limited to those in receipt of parochial relief. The intention of the testator, as evidenced by his charitable conduct and the wording of the bequest, was to benefit all poor persons, not just the legal poor.

Citation
[1907] ScotLR 181
Parties
First Party: Kinloss Parish Council; Second Party: Rachel Morgan and others; Third Party: Margaret Masson and others
Jurisdiction
Scotland
Judgment Date
22 November 1907
Procedural Posture
Special Case Stated / Judgment
Outcome
The bequest is to be administered for the benefit of all necessitous persons in the parish, not limited to those in receipt of parochial relief.
Legal Topics
Charitable Bequest, Interpretation of 'poor' in Testamentary Dispositions, Administration of Charitable Funds, Poor Law Amendment (scotland) Act 1845
Charity Law Local Government Law Trusts and Estates Charitable Bequest Interpretation of 'poor' in Testamentary Dispositions Administration of Charitable Funds Poor Law Amendment (scotland) Act 1845

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Parties

Kinloss Parish Council

First Party

Rachel Morgan and others

Second Party

Margaret Masson and others

Third Party

Procedural Posture

Special Case Stated / Judgment

Legal Issues

  1. 1 Whether a bequest to the Parish Council 'for the benefit of the poor of the parish' is limited to persons in receipt of parochial relief (the 'legal poor'), or extends to all necessitous persons regardless of receipt of relief.

Ratio Decidendi

The term 'poor' in the bequest must be given its ordinary meaning, covering all necessitous persons in the parish, not limited to those in receipt of parochial relief. The intention of the testator, as evidenced by his charitable conduct and the wording of the bequest, was to benefit all poor persons, not just the legal poor.

Court Disposition

The bequest is to be administered for the benefit of all necessitous persons in the parish, not limited to those in receipt of parochial relief.

Orders

  • The first alternative of the legal question is answered in the negative; the second alternative is answered in the affirmative.