Burgess's Trustees v. Crawford and Others [1912] ScotLR 294 (31 January 1912)

Burgess's Trustees v. Crawford and Others [1912] ScotLR 294 (31 January 1912)

The bequest was to take effect upon the happening of a condition (the founding of an industrial school for females in Paisley), which had failed due to supervening legislation making such a foundation impossible. The will did not evince a general charitable intention independent of the particular mode indicated by the testator. Therefore, the bequest failed and could not be administered cy près.

Citation
[1912] ScotLR 294
Parties
Pursuers and Real Raisers / Claimants and Respondents: Burgess's Trustees; Defenders and Claimants: W. G. Crawford and others (Beneficiaries under the settlement); Defenders and Claimants / Claimants and Reclaimers: James Leonard and others (Next-of-kin); Claimants and Reclaimers: Legatees (John Crawford, William Crawford, Elizabeth Crawford or Orr, William Gilchrist, Robert Gilchrist, John Gilchrist, James Burgess, Peter Macarthur, John Macarthur, Jean Macarthur, John Burgess, Archibald Burgess)
Jurisdiction
Scotland
Judgment Date
31 January 1912
Procedural Posture
Multiplepoinding and Exoneration / Inner House, First Division, on Reclaiming Note (appeal) From Lord Ordinary
Outcome
Bequest failed; cy près not applicable; matter remitted to Lord Ordinary to determine further distribution.
Legal Topics
Charitable Bequests, Cy Près Doctrine, Failure of Purpose, Testamentary Construction
Trusts and Estates Charity Law Charitable Bequests Cy Près Doctrine Failure of Purpose Testamentary Construction

Case Brief

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Parties

Burgess's Trustees

Pursuers and Real Raisers / Claimants and Respondents

W. G. Crawford and others (Beneficiaries under the settlement)

Defenders and Claimants

James Leonard and others (Next-of-kin)

Defenders and Claimants / Claimants and Reclaimers

Legatees (John Crawford, William Crawford, Elizabeth Crawford or Orr, William Gilchrist, Robert Gilchrist, John Gilchrist, James Burgess, Peter Macarthur, John Macarthur, Jean Macarthur, John Burgess, Archibald Burgess)

Claimants and Reclaimers

Procedural Posture

Multiplepoinding and Exoneration / Inner House, First Division, on Reclaiming Note (appeal) From Lord Ordinary

Legal Issues

  1. 1 Whether a charitable bequest for founding an industrial school for females in Paisley, which became impossible to fulfil due to supervening legislation, could be administered cy près or had failed.
  2. 2 Whether the will evinced a general charitable intention independent of the specific mode prescribed.

Ratio Decidendi

The bequest was to take effect upon the happening of a condition (the founding of an industrial school for females in Paisley), which had failed due to supervening legislation making such a foundation impossible. The will did not evince a general charitable intention independent of the particular mode indicated by the testator. Therefore, the bequest failed and could not be administered cy près.

Court Disposition

Bequest failed; cy près not applicable; matter remitted to Lord Ordinary to determine further distribution.

Orders

  • Recall the second finding and remit in the Lord Ordinary's interlocutor.
  • Find that the testator's bequest of the fund in medio for founding, erecting, and endowing an industrial school for females in Paisley has failed.