Trustees of Domestic Training School, &c., Glasgow Petitioners [1923] ScotLR 579_1 (14 July 1923)

Trustees of Domestic Training School, &c., Glasgow Petitioners [1923] ScotLR 579_1 (14 July 1923)

The Court held that, although the case was close to the limits of the cy près doctrine, the original charitable purposes had effectively failed due to changed circumstances, and the financial position made continuance impossible. Therefore, the Court authorised the transfer of the trust property and funds to the specified charitable institutions.

Citation
[1923] ScotLR 579_1
Parties
Petitioners: Mrs Rachel Mitchell Teacher and others, Trustees of the Domestic Training School and Hostel for Women Workers, 260 Renfrew Street, Glasgow
Jurisdiction
Scotland
Judgment Date
14 July 1923
Procedural Posture
Petition / Final Judgment
Outcome
Petition granted
Legal Topics
Cy Près Doctrine, Charitable Trusts, Failure of Charitable Objects, Administration of Trusts
Charity Law Trusts Cy Près Doctrine Charitable Trusts Failure of Charitable Objects Administration of Trusts

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Parties

Mrs Rachel Mitchell Teacher and others, Trustees of the Domestic Training School and Hostel for Women Workers, 260 Renfrew Street, Glasgow

Petitioners

Procedural Posture

Petition / Final Judgment

Legal Issues

  1. 1 Whether the Court should authorise the transfer of the trust property and funds to other charitable institutions under the cy près doctrine due to failure of original objects.

Ratio Decidendi

The Court held that, although the case was close to the limits of the cy près doctrine, the original charitable purposes had effectively failed due to changed circumstances, and the financial position made continuance impossible. Therefore, the Court authorised the transfer of the trust property and funds to the specified charitable institutions.

Court Disposition

Petition granted

Orders

  • Authority granted to transfer the property and funds of the Domestic Training School and Hostel for Women Workers to the Church of Scotland Training Home for Servants and the National Vigilance Association of Scotland in the proportions set forth in the petition.