The Trustees and Managers of the Prime Gilt Box Society Petitioners [1920] ScotLR 463 (14 May 1920)

The Trustees and Managers of the Prime Gilt Box Society Petitioners [1920] ScotLR 463 (14 May 1920)

Where two craves are so intertwined that separate petitions would be unreasonably inconvenient, it is competent for the Inner House to dispose of both under its nobile officium and statutory jurisdiction.

Citation
[1920] ScotLR 463
Parties
Petitioner: The Trustees and Managers of the Prime Gilt Box Society; Agent for Petitioners: Daniel Tudhope
Jurisdiction
Scotland
Judgment Date
14 May 1920
Procedural Posture
Petition / Final Judgment
Outcome
Petition granted
Legal Topics
Competency of Combined Petitions, Exercise of Nobile Officium, Trusts (scotland) Act 1867, Sale of Trust Property, Application of Charitable Funds Cy Pres
Trusts Charity Law Property Law Scottish Civil Procedure Competency of Combined Petitions Exercise of Nobile Officium Trusts (scotland) Act 1867 Sale of Trust Property +1 more

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Parties

The Trustees and Managers of the Prime Gilt Box Society

Petitioner

Daniel Tudhope

Agent for Petitioners

Procedural Posture

Petition / Final Judgment

Legal Issues

  1. 1 Is it competent to combine interdependent craves for sale of heritage and cy pres application of charitable funds in a single petition to the Inner House?
  2. 2 Should the Court grant authority to sell trust property and apply the income of a bequest fund to general purposes?

Ratio Decidendi

Where two craves are so intertwined that separate petitions would be unreasonably inconvenient, it is competent for the Inner House to dispose of both under its nobile officium and statutory jurisdiction.

Court Disposition

Petition granted

Orders

  • Authority granted to sell heritable property at 415–417 High Street, Kirkcaldy for £1150 to Scottish Coast Mission
  • Authority granted to sell pews in Kirkcaldy Parish Church for £30 to Kirk session