Marjoribanks and Others (Trustees of the Duart Bursary Fund) Petitioners [1910] ScotLR 13 (22 October 1910)

Marjoribanks and Others (Trustees of the Duart Bursary Fund) Petitioners [1910] ScotLR 13 (22 October 1910)

The Court held that the trust's terms had not become so unworkable as to justify judicial alteration, since the bursary had been awarded for most years and the testator's intention to benefit 'young men' was clear, especially as women were already eligible for university degrees when the trust was created.

Citation
[1910] ScotLR 13
Parties
Petitioners: Marjoribanks and Others (Trustees of the Duart Bursary Fund)
Jurisdiction
Scotland
Judgment Date
22 October 1910
Procedural Posture
Petition / Final Judgment
Outcome
Petition dismissed
Legal Topics
Modification of Charitable Trust, Gender Eligibility for Bursaries, Judicial Intervention in Trust Administration
Trusts and Estates Charity Law Education Law Modification of Charitable Trust Gender Eligibility for Bursaries Judicial Intervention in Trust Administration

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Parties

Marjoribanks and Others (Trustees of the Duart Bursary Fund)

Petitioners

Procedural Posture

Petition / Final Judgment

Legal Issues

  1. 1 Whether the Court should authorize the extension of a bursary trust for 'young men' to include young women given changes in university admission and lack of eligible male applicants.

Ratio Decidendi

The Court held that the trust's terms had not become so unworkable as to justify judicial alteration, since the bursary had been awarded for most years and the testator's intention to benefit 'young men' was clear, especially as women were already eligible for university degrees when the trust was created.

Court Disposition

Petition dismissed

Orders

  • Petition dismissed; no amendment to the trust deed; trustees may reapply if circumstances change.