Hay's Trustees v. Baillie and Others [1908] ScotLR 908 (18 July 1908)

Hay's Trustees v. Baillie and Others [1908] ScotLR 908 (18 July 1908)

The Court held that, in the context of the will, 'benevolent or charitable' described a single class of institutions, not two distinct classes, and that the testatrix intended the terms to be synonymous or exegetic. The bequest was therefore sufficiently certain and not void for uncertainty. The interlocutor of the Lord Ordinary was recalled, and the trustees' claim sustained.

Citation
[1908] ScotLR 908
Parties
Pursuers / Real Raisers (reclaimers): Hay's Trustees; Claimants (respondents): Jessie Baillie and Others (next-of-kin); Claimant (respondent): Mrs Morrison
Jurisdiction
Scotland
Judgment Date
18 July 1908
Procedural Posture
Multiplepoinding (succession/trust) / Reclaiming Motion (appeal) From Lord Ordinary's Interlocutor
Outcome
Interlocutor of Lord Ordinary recalled; bequest held valid; trustees' claim sustained; next-of-kin's claims repelled.
Legal Topics
Charitable Bequests, Uncertainty in Testamentary Dispositions, Interpretation of Wills, Exclusion Clauses in Trusts
Succession Trusts Charitable Bequests Uncertainty in Testamentary Dispositions Interpretation of Wills Exclusion Clauses in Trusts

Case Brief

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Parties

Hay's Trustees

Pursuers / Real Raisers (reclaimers)

Jessie Baillie and Others (next-of-kin)

Claimants (respondents)

Mrs Morrison

Claimant (respondent)

Procedural Posture

Multiplepoinding (succession/trust) / Reclaiming Motion (appeal) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether a bequest to 'societies or institutions of a benevolent or charitable nature' is void for uncertainty
  2. 2 Whether 'benevolent' and 'charitable' are sufficiently definite and/or synonymous in the context of Scottish law

Ratio Decidendi

The Court held that, in the context of the will, 'benevolent or charitable' described a single class of institutions, not two distinct classes, and that the testatrix intended the terms to be synonymous or exegetic. The bequest was therefore sufficiently certain and not void for uncertainty. The interlocutor of the Lord Ordinary was recalled, and the trustees' claim sustained.

Court Disposition

Interlocutor of Lord Ordinary recalled; bequest held valid; trustees' claim sustained; next-of-kin's claims repelled.

Orders

  • Recall of Lord Ordinary's interlocutor
  • Repel claims of next-of-kin