The Governors of Mitchell's Hospital, Aberdeen Petitioners [1902] ScotLR 39_440_1 (27 February 1902)

The Governors of Mitchell's Hospital, Aberdeen Petitioners [1902] ScotLR 39_440_1 (27 February 1902)

The Court approved extension of eligibility for hospital admission to classes closely analogous to those specified by the founder, due to practical impossibility of fulfilling the original conditions. The Court refused powers to grant surplus funds to persons living at home, to sell the hospital and distribute funds as annuities, and to invest trust capital in securities other than those specified by the founder, as these were inconsistent with the founder's intentions and necessity had not been shown.

Citation
[1902] ScotLR 39_440_1
Parties
Petitioners: The Governors of Mitchell's Hospital, Aberdeen
Jurisdiction
Scotland
Judgment Date
27 February 1902
Procedural Posture
Petition / Final Judgment
Outcome
Petition granted in part
Legal Topics
Cy Pres Doctrine, Administration of Charitable Trusts, Variation of Trust Scheme
Charitable Trusts Trust Law Cy Pres Doctrine Administration of Charitable Trusts Variation of Trust Scheme

Case Brief

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Parties

The Governors of Mitchell's Hospital, Aberdeen

Petitioners

Procedural Posture

Petition / Final Judgment

Legal Issues

  1. 1 Whether the eligibility criteria for beneficiaries of Mitchell's Hospital trust can be extended due to practical impossibility of fulfilling the founder's original conditions
  2. 2 Whether surplus funds can be used for grants to eligible persons preferring to live at home
  3. 3 Whether the hospital can be sold and funds distributed as annuities if sufficient inmates cannot be obtained

Ratio Decidendi

The Court approved extension of eligibility for hospital admission to classes closely analogous to those specified by the founder, due to practical impossibility of fulfilling the original conditions. The Court refused powers to grant surplus funds to persons living at home, to sell the hospital and distribute funds as annuities, and to invest trust capital in securities other than those specified by the founder, as these were inconsistent with the founder's intentions and necessity had not been shown.

Court Disposition

Petition granted in part

Orders

  • Approve amended scheme for administration of the trust extending eligibility for hospital admission
  • Refuse powers to grant surplus funds to persons living at home