Chalmers' Trustees v. Turriff Parish School Board [1917] ScotLR 546 (13 July 1917)

Chalmers' Trustees v. Turriff Parish School Board [1917] ScotLR 546 (13 July 1917)

A provision empowering trustees to apply a bequest to 'such other charitable purpose or educational scheme for the poor as they may deem fit and proper' is not void for uncertainty, as such educational schemes for the poor are charitable purposes under Scots law.

Citation
[1917] ScotLR 546
Parties
First Parties: James Taggart, Provost of Aberdeen, and others, Trustees under the deed of settlement granted by George, James, and Alexander Chalmers; Second Parties: School Board of the Parish of Turriff and others
Jurisdiction
Scotland
Judgment Date
13 July 1917
Procedural Posture
Special Case / Court of Session Inner House Second Division, Judgment
Outcome
Provision upheld as valid; not void for uncertainty.
Legal Topics
Charitable Bequests, Educational Trusts, Uncertainty in Trusts
Succession Trusts Charitable Bequests Educational Trusts Uncertainty in Trusts

Case Brief

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Parties

James Taggart, Provost of Aberdeen, and others, Trustees under the deed of settlement granted by George, James, and Alexander Chalmers

First Parties

School Board of the Parish of Turriff and others

Second Parties

Procedural Posture

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

Legal Issues

  1. 1 Whether a provision for application of a bequest to 'such other charitable purpose or educational scheme for the poor as they may deem fit and proper' is void for uncertainty

Ratio Decidendi

A provision empowering trustees to apply a bequest to 'such other charitable purpose or educational scheme for the poor as they may deem fit and proper' is not void for uncertainty, as such educational schemes for the poor are charitable purposes under Scots law.

Court Disposition

Provision upheld as valid; not void for uncertainty.

Orders

  • First question of law answered in the affirmative: trustees may apply the annuity to such other charitable purpose or educational scheme for the poor as they deem fit and proper.
  • Third question answered in the negative: the provision is not void from uncertainty.