Playfair v. Kelso Ragged Industrial School [1905] ScotLR 42_593 (06 June 1905)

Playfair v. Kelso Ragged Industrial School [1905] ScotLR 42_593 (06 June 1905)

The Kelso Ragged Industrial School did not cease to exist by reason of changes in its constitution or methods; its fundamental object remained, and the legacy did not lapse. The institution named by the testator was still in existence and entitled to the bequest.

Citation
[1905] ScotLR 42_593
Parties
Claimant: Mrs Agnes Johnston or Playfair and another (heirs in mobilibus of Thomas Johnston); Claimant/respondent: Kelso Ragged Industrial School; Pursuer/real Raiser: Testamentary trustees of Thomas Johnston
Jurisdiction
Scotland
Judgment Date
06 June 1905
Procedural Posture
Action of Multiplepoinding / Inner House, Second Division, Reclaiming Motion (appeal) Against Lord Ordinary's Interlocutor
Outcome
Reclaiming motion refused; interlocutor of Lord Ordinary adhered to; claim of heirs in mobilibus repelled; claim of Kelso Ragged Industrial School sustained.
Legal Topics
Legacy to Charitable Institution, Alteration of Constitution of Legatee, Lapse of Legacy, Identity of Legatee
Succession Charities Legacy to Charitable Institution Alteration of Constitution of Legatee Lapse of Legacy Identity of Legatee

Case Brief

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Parties

Mrs Agnes Johnston or Playfair and another (heirs in mobilibus of Thomas Johnston)

Claimant

Kelso Ragged Industrial School

Claimant/respondent

Testamentary trustees of Thomas Johnston

Pursuer/real Raiser

Procedural Posture

Action of Multiplepoinding / Inner House, Second Division, Reclaiming Motion (appeal) Against Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether a legacy to a charitable institution lapses when the institution alters its constitution and methods after the testator's death but before the legacy vests
  2. 2 Whether the Kelso Ragged Industrial School remained the same institution intended by the testator despite changes in its constitution and activities

Ratio Decidendi

The Kelso Ragged Industrial School did not cease to exist by reason of changes in its constitution or methods; its fundamental object remained, and the legacy did not lapse. The institution named by the testator was still in existence and entitled to the bequest.

Court Disposition

Reclaiming motion refused; interlocutor of Lord Ordinary adhered to; claim of heirs in mobilibus repelled; claim of Kelso Ragged Industrial School sustained.

Orders

  • Kelso Ragged Industrial School entitled to the two-eighths share of residue bequeathed by Thomas Johnston
  • Claim of Mrs Playfair and another repelled