Morrison v. St Andrews School Board [1914] ScotLR 215 (20 January 1914)

Morrison v. St Andrews School Board [1914] ScotLR 215 (20 January 1914)

Clause 23 of the Madras College scheme did not constitute a statutory scheme abrogating the trust or destination-over in favour of Dr Bell's heirs. It was a conveyancing expedient vesting the School Board in the property to the same extent as the original trustees, without affecting the trust conditions or beneficiary rights. The pursuer's rights as heir remained unaffected, and the property belonged to Dr Bell's heirs.

Citation
[1914] ScotLR 215
Parties
Pursuer: Alexander Morrison; Defenders: School Board of the Burgh of St Andrews
Jurisdiction
Scotland
Judgment Date
20 January 1914
Procedural Posture
Civil / Inner House, Second Division, Reclaiming Note Against Lord Ordinary's Interlocutor
Outcome
Court adhered to Lord Ordinary's interlocutor; declarator granted in terms of first three conclusions of the summons; respondent entitled to expenses of reclaiming note.
Legal Topics
Educational Endowments, Charitable Bequests, Trust Property Transfer, Statutory Schemes, Interpretation of Statutes
Trusts Charity Law Education Law Property Law Educational Endowments Charitable Bequests Trust Property Transfer Statutory Schemes +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 21 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Alexander Morrison

Pursuer

School Board of the Burgh of St Andrews

Defenders

Procedural Posture

Civil / Inner House, Second Division, Reclaiming Note Against Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether clause 23 of the Madras College scheme constituted a statutory scheme abrogating the destination-over in favour of Dr Bell's heirs
  2. 2 Whether the School Board acquired absolute title to the property, free of trust conditions, under the scheme
  3. 3 Whether the pursuer's rights as heir were extinguished by the scheme

Ratio Decidendi

Clause 23 of the Madras College scheme did not constitute a statutory scheme abrogating the trust or destination-over in favour of Dr Bell's heirs. It was a conveyancing expedient vesting the School Board in the property to the same extent as the original trustees, without affecting the trust conditions or beneficiary rights. The pursuer's rights as heir remained unaffected, and the property belonged to Dr Bell's heirs.

Court Disposition

Court adhered to Lord Ordinary's interlocutor; declarator granted in terms of first three conclusions of the summons; respondent entitled to expenses of reclaiming note.

Orders

  • Declarator that trust purposes had come to an end except destination-over to Dr Bell's heirs
  • Declarator that destination-over was not affected by clause 23 of the scheme