Marquess of Bute's Trustees v. Roman Catholic Bishop of Argyll [1904] ScotLR 42_66 (16 November 1904)

Marquess of Bute's Trustees v. Roman Catholic Bishop of Argyll [1904] ScotLR 42_66 (16 November 1904)

The trustees had no authority to accumulate or apply the bequest funds for endowment, as the testator's intention was limited to the erection of church buildings without further endowment except as expressly provided. The refusal of the Bishops to accept the bequests on the specified conditions caused the bequests to lapse, and the sums reverted to the residue of the estate. The doctrine of cy-près could not be applied as it would contradict the testator's clear intention.

Citation
[1904] ScotLR 42_66
Parties
Pursuers and Real Raisers, Claimants and Respondents: Marquess of Bute's Trustees; Claimant and Respondent: Roman Catholic Bishop of Argyll; Claimant and Respondent: Roman Catholic Bishop of Galloway; Claimant and Reclaimer: Marquess of Bute (heir and residuary legatee)
Jurisdiction
Scotland
Judgment Date
16 November 1904
Procedural Posture
Action of Multiplepoinding / Appeal (reclaiming Motion) From Interlocutor of Lord Ordinary
Outcome
Appeal allowed; interlocutor of Lord Ordinary recalled; claim of Marquess of Bute (residuary legatee) sustained; other claims repelled.
Legal Topics
Conditional Bequest, Lapse of Bequest, Cy Près Doctrine, Testamentary Intention, Ultra Vires, Accumulation of Trust Funds
Succession Trusts Conditional Bequest Lapse of Bequest Cy Près Doctrine Testamentary Intention Ultra Vires Accumulation of Trust Funds

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Parties

Marquess of Bute's Trustees

Pursuers and Real Raisers, Claimants and Respondents

Roman Catholic Bishop of Argyll

Claimant and Respondent

Roman Catholic Bishop of Galloway

Claimant and Respondent

Marquess of Bute (heir and residuary legatee)

Claimant and Reclaimer

Procedural Posture

Action of Multiplepoinding / Appeal (reclaiming Motion) From Interlocutor of Lord Ordinary

Legal Issues

  1. 1 Whether the trustees could accumulate or apply the bequest funds for endowment contrary to the testator's express directions
  2. 2 Whether the bequests lapsed due to the refusal of the Bishops to accept the conditions attached to the bequests
  3. 3 Whether the doctrine of cy-près could be applied to vary the mode of fulfilling the testator's intention

Ratio Decidendi

The trustees had no authority to accumulate or apply the bequest funds for endowment, as the testator's intention was limited to the erection of church buildings without further endowment except as expressly provided. The refusal of the Bishops to accept the bequests on the specified conditions caused the bequests to lapse, and the sums reverted to the residue of the estate. The doctrine of cy-près could not be applied as it would contradict the testator's clear intention.

Court Disposition

Appeal allowed; interlocutor of Lord Ordinary recalled; claim of Marquess of Bute (residuary legatee) sustained; other claims repelled.

Orders

  • Recall the interlocutor reclaimed against.
  • Repel the claims of the claimants other than the claimant the Marquess of Bute.