Paterson's Trustees v. Paterson and Others [1909] ScotLR 406 (02 February 1909)

The clause is sufficiently definite; the terms 'charities or benevolent or beneficent institutions' describe a single class of charitable objects, and the bequest is not void for uncertainty.

Citation: [1909] ScotLR 406
Parties: First Parties: Thomas Paterson and others, Trustees of Helen Paterson; Second Parties: Thomas Paterson, John Paterson, Alexander C. Paterson, Mrs Janet Paterson or Johnston, Hugh Miller, Thomas Miller
Jurisdiction: Scotland
Judgment Date: 02 February 1909
Procedural Posture: Special Case / Judgment
Outcome: Bequest upheld; clause valid.
Legal Topics: Charitable Bequests, Uncertainty in Testamentary Dispositions

Trusts Charity Law Charitable Bequests Uncertainty in Testamentary Dispositions

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Parties

Thomas Paterson and others, Trustees of Helen Paterson

First Parties

Thomas Paterson, John Paterson, Alexander C. Paterson, Mrs Janet Paterson or Johnston, Hugh Miller, Thomas Miller

Second Parties

Procedural Posture

Special Case / Judgment

Legal Issues

1 Is the fifth clause of the trust-disposition and settlement sufficiently definite to receive effect?
2 Does the residue of the testatrix's estate fall to be disposed of as intestate estate?

Ratio Decidendi

The clause is sufficiently definite; the terms 'charities or benevolent or beneficent institutions' describe a single class of charitable objects, and the bequest is not void for uncertainty.

Court Disposition

Bequest upheld; clause valid.

Orders

First question answered in the affirmative: trustees may distribute residue as directed.
Second question answered in the negative: residue does not fall to intestacy.