Mackinnon's Trustees v. Mackinnon and Others [1909] ScotLR 792 (27 May 1909)

Mackinnon's Trustees v. Mackinnon and Others [1909] ScotLR 792 (27 May 1909)

The Court held that the phrase 'charitable or philanthropic institutions' as used in the will was sufficiently definite, with 'philanthropic' being exegetical of 'charitable', and thus the bequest was valid and not void for uncertainty.

Citation
[1909] ScotLR 792
Parties
Claimants (reclaimers) / Applicants: Mackinnon's Trustees; Respondents: Hector Mackinnon and Others (next-of-kin)
Jurisdiction
Scotland
Judgment Date
27 May 1909
Procedural Posture
Multiplepoinding and Exoneration / Appeal (reclaiming Motion) From Lord Ordinary's Decision
Outcome
Appeal allowed; Lord Ordinary's decision recalled; claim for Mackinnon's Trustees sustained.
Legal Topics
Charitable Trusts, Uncertainty in Testamentary Dispositions, Interpretation of Wills
Trusts and Estates Charities Law Charitable Trusts Uncertainty in Testamentary Dispositions Interpretation of Wills

Case Brief

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Parties

Mackinnon's Trustees

Claimants (reclaimers) / Applicants

Hector Mackinnon and Others (next-of-kin)

Respondents

Procedural Posture

Multiplepoinding and Exoneration / Appeal (reclaiming Motion) From Lord Ordinary's Decision

Legal Issues

  1. 1 Whether a bequest to 'charitable or philanthropic institutions' is void for uncertainty or valid as a charitable trust.

Ratio Decidendi

The Court held that the phrase 'charitable or philanthropic institutions' as used in the will was sufficiently definite, with 'philanthropic' being exegetical of 'charitable', and thus the bequest was valid and not void for uncertainty.

Court Disposition

Appeal allowed; Lord Ordinary's decision recalled; claim for Mackinnon's Trustees sustained.

Orders

  • Lord Ordinary's interlocutor recalled.
  • Claim for Mackinnon's Trustees sustained.