Campbell's Trustees v. Campbell [1920] ScotLR 243 (07 February 1920)

Campbell's Trustees v. Campbell [1920] ScotLR 243 (07 February 1920)

The majority held that the phrase 'charitable or other deserving institutions' could be construed ejusdem generis with charitable institutions, thus providing sufficient certainty to uphold the bequest. The presence of the word 'other' did not render the class too vague, and the local limitation to Glasgow further supported certainty.

Citation
[1920] ScotLR 243
Parties
First Parties: James Robert Tait and others, testamentary trustees of William Campbell; Second Party: Mrs Agnes Millicent Anderson or Campbell, executrix and sole residuary legatee of William Frederick Mostyn Campbell; Third Parties: William Campbell and others, nephews and nieces and the children of deceased nephews and nieces of the testator
Jurisdiction
Scotland
Judgment Date
07 February 1920
Procedural Posture
Special Case / Inner House, Second Division, Court of Session
Outcome
Bequest upheld; not void for uncertainty
Legal Topics
Charitable Bequest, Uncertainty in Testamentary Dispositions
Succession Trusts Charitable Bequest Uncertainty in Testamentary Dispositions

Case Brief

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Parties

James Robert Tait and others, testamentary trustees of William Campbell

First Parties

Mrs Agnes Millicent Anderson or Campbell, executrix and sole residuary legatee of William Frederick Mostyn Campbell

Second Party

William Campbell and others, nephews and nieces and the children of deceased nephews and nieces of the testator

Third Parties

Procedural Posture

Special Case / Inner House, Second Division, Court of Session

Legal Issues

  1. 1 Whether the residuary bequest to 'such charitable or other deserving institutions in connection with the city of Glasgow as my trustees shall think fit' is void for uncertainty

Ratio Decidendi

The majority held that the phrase 'charitable or other deserving institutions' could be construed ejusdem generis with charitable institutions, thus providing sufficient certainty to uphold the bequest. The presence of the word 'other' did not render the class too vague, and the local limitation to Glasgow further supported certainty.

Court Disposition

Bequest upheld; not void for uncertainty

Orders

  • The Court answered the question in the negative, holding the bequest valid.