Dick's Trustees v. Dick and Others [1907] ScotLR 680 (29 May 1907)

Dick's Trustees v. Dick and Others [1907] ScotLR 680 (29 May 1907)

The bequest of residue to local or Scottish charitable institutions and schemes, with absolute discretion as to time and manner of distribution, is not void for uncertainty. The 1902 settlement, being a universal settlement, impliedly revokes prior settlements and is the sole operative testamentary writing.

Citation
[1907] ScotLR 680
Parties
Pursuers and Respondents (trustees Under the Settlement of 1902): Dick's Trustees; Claimants and Reclaimers (next of Kin): Dick and Others (Next-of-kin); Claimants and Reclaimers (trustees Under Prior Settlements): Trustees under the Settlements of 1891, 1899, and 1901
Jurisdiction
Scotland
Judgment Date
29 May 1907
Procedural Posture
Multiplepoinding (trust and Succession) / Inner House, First Division, Reclaiming Note Against Lord Ordinary's Interlocutor
Outcome
Reclaiming note refused; Lord Ordinary's interlocutor adhered to.
Legal Topics
Charitable Bequests, Uncertainty in Testamentary Disposition, Revocation of Prior Settlements
Succession Trusts Charitable Bequests Uncertainty in Testamentary Disposition Revocation of Prior Settlements

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Parties

Dick's Trustees

Pursuers and Respondents (trustees Under the Settlement of 1902)

Dick and Others (Next-of-kin)

Claimants and Reclaimers (next of Kin)

Trustees under the Settlements of 1891, 1899, and 1901

Claimants and Reclaimers (trustees Under Prior Settlements)

Procedural Posture

Multiplepoinding (trust and Succession) / Inner House, First Division, Reclaiming Note Against Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Is the bequest of residue in the 1902 settlement void for uncertainty?
  2. 2 Does the 1902 settlement revoke prior settlements of 1891, 1899, and 1901?

Ratio Decidendi

The bequest of residue to local or Scottish charitable institutions and schemes, with absolute discretion as to time and manner of distribution, is not void for uncertainty. The 1902 settlement, being a universal settlement, impliedly revokes prior settlements and is the sole operative testamentary writing.

Court Disposition

Reclaiming note refused; Lord Ordinary's interlocutor adhered to.

Orders

  • Bequest of residue in the 1902 settlement is valid and not void for uncertainty.
  • The 1902 settlement revokes prior settlements of 1891, 1899, and 1901.