Dick's Trustees v. Dick [1911] ScotLR 325 (26 January 1911)

Dick's Trustees v. Dick [1911] ScotLR 325 (26 January 1911)

The trustees are not bound to pay the expenses for the Public Health diploma because the beneficiary had already entered his profession and the diploma was a post-professional qualification, not part of the initial preparation for his profession as required by the will.

Citation
[1911] ScotLR 325
Parties
First Parties: Mrs Annie Buchanan Thomson or Dick and others, testamentary trustees of the late John Dick; Second Party: Alexander Dick, M.B.
Jurisdiction
Scotland
Judgment Date
26 January 1911
Procedural Posture
Special Case / Inner House, Second Division, Court of Session
Outcome
Question of law answered in the negative; trustees not bound to pay the expenses for the Public Health diploma.
Legal Topics
Construction of Will, Trustee Powers, Education Expenses
Succession Trusts and Estates Construction of Will Trustee Powers Education Expenses

Case Brief

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Parties

Mrs Annie Buchanan Thomson or Dick and others, testamentary trustees of the late John Dick

First Parties

Alexander Dick, M.B.

Second Party

Procedural Posture

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

Legal Issues

  1. 1 Whether trustees are bound to pay expenses for a post-qualification diploma under a will provision for education expenses

Ratio Decidendi

The trustees are not bound to pay the expenses for the Public Health diploma because the beneficiary had already entered his profession and the diploma was a post-professional qualification, not part of the initial preparation for his profession as required by the will.

Court Disposition

Question of law answered in the negative; trustees not bound to pay the expenses for the Public Health diploma.