Chivas' Trustees v. Douglas [1900] ScotLR 38_199 (12 December 1900)

Chivas' Trustees v. Douglas [1900] ScotLR 38_199 (12 December 1900)

The term 'clergy of the Diocese of Aberdeen' as used in the bequest includes the bishop, clergy with incumbencies, those appointed to independent missions, curates or assistants to instituted clergy, and the supernumerary clergyman, whether from the former Diocese of Aberdeen or Orkney, but excludes retired clergy on pensions who no longer have stipends or active duties.

Citation
[1900] ScotLR 38_199
Parties
Trustees (applicants): Chivas' Trustees; Second Party (respondent): Bishop of the United Diocese of Aberdeen and Orkney; Third Parties (respondents): Thirty-eight clergymen instituted to charges within former Diocese of Aberdeen; Fourth Parties (respondents): Three clergymen holding licences and appointed to independent mission charges (Aberdeen); Fifth Parties (respondents): Two clergymen holding licences and acting as curates/assistants (Aberdeen); Sixth Parties (respondents): Three retired clergymen on Aged and Infirm Clergy Fund (Aberdeen); Seventh Party (respondent): Supernumerary clergyman (vacant office, represented by Bishop); Eighth Parties (respondents): Two clergymen instituted to charges (Orkney); Ninth Parties (respondents): Two clergymen holding licences and appointed to mission charges (Orkney)
Jurisdiction
Scotland
Judgment Date
12 December 1900
Procedural Posture
Special Case (interpretation of Testamentary Bequest) / Judgment (inner House, Second Division)
Outcome
Declaratory judgment specifying eligible beneficiaries under the bequest.
Legal Topics
Interpretation of Testamentary Bequests, Beneficiaries Under Charitable Trusts, Ecclesiastical Beneficiaries, Scope of 'clergy' in Legacy
Trusts and Estates Charity Law Ecclesiastical Law Interpretation of Testamentary Bequests Beneficiaries Under Charitable Trusts Ecclesiastical Beneficiaries Scope of 'clergy' in Legacy

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Parties

Chivas' Trustees

Trustees (applicants)

Bishop of the United Diocese of Aberdeen and Orkney

Second Party (respondent)

Thirty-eight clergymen instituted to charges within former Diocese of Aberdeen

Third Parties (respondents)

Three clergymen holding licences and appointed to independent mission charges (Aberdeen)

Fourth Parties (respondents)

Two clergymen holding licences and acting as curates/assistants (Aberdeen)

Fifth Parties (respondents)

Three retired clergymen on Aged and Infirm Clergy Fund (Aberdeen)

Sixth Parties (respondents)

Supernumerary clergyman (vacant office, represented by Bishop)

Seventh Party (respondent)

Two clergymen instituted to charges (Orkney)

Eighth Parties (respondents)

Two clergymen holding licences and appointed to mission charges (Orkney)

Ninth Parties (respondents)

Procedural Posture

Special Case (interpretation of Testamentary Bequest) / Judgment (inner House, Second Division)

Legal Issues

  1. 1 Who qualifies as 'clergy of the Diocese of Aberdeen' under the testatrix's bequest?
  2. 2 Does the bequest extend to clergy of the United Diocese of Aberdeen and Orkney?
  3. 3 Are retired clergy or those on the Aged and Infirm Clergy Fund entitled to share in the income?

Ratio Decidendi

The term 'clergy of the Diocese of Aberdeen' as used in the bequest includes the bishop, clergy with incumbencies, those appointed to independent missions, curates or assistants to instituted clergy, and the supernumerary clergyman, whether from the former Diocese of Aberdeen or Orkney, but excludes retired clergy on pensions who no longer have stipends or active duties.

Court Disposition

Declaratory judgment specifying eligible beneficiaries under the bequest.

Orders

  • Declared that the bishop, instituted clergy, mission clergy, curates/assistants, supernumerary clergyman, and clergy from both former dioceses (Aberdeen and Orkney) are entitled to participate in the annual income; retired clergy on pensions are excluded.