Paul (Guardian of Thomson's Mortification), Petitioner [1908] ScotLR 899 (04 July 1908)

Paul (Guardian of Thomson's Mortification), Petitioner [1908] ScotLR 899 (04 July 1908)

The Court held that the failure of the original purpose due to changed social customs justified the extension of trustee powers to supply additional commodities at reduced prices, ensuring the trust's income is used for the relief of poor householders as intended by the testator.

Citation
[1908] ScotLR 899
Parties
Petitioner: George Morison Paul; Trust: Joseph Thomson's Mortification
Jurisdiction
Scotland
Judgment Date
04 July 1908
Procedural Posture
Petition for Extension of Powers in Trust Administration / Final Judgment
Outcome
Petition granted
Legal Topics
Mortification, Nobile Officium, Extension of Trustee Powers, Failure of Purpose
Charity Trusts Mortification Nobile Officium Extension of Trustee Powers Failure of Purpose

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Parties

George Morison Paul

Petitioner

Joseph Thomson's Mortification

Trust

Procedural Posture

Petition for Extension of Powers in Trust Administration / Final Judgment

Legal Issues

  1. 1 Whether the trustee may be granted additional powers to supply commodities other than oatmeal to poor householders due to failure of original purpose

Ratio Decidendi

The Court held that the failure of the original purpose due to changed social customs justified the extension of trustee powers to supply additional commodities at reduced prices, ensuring the trust's income is used for the relief of poor householders as intended by the testator.

Court Disposition

Petition granted

Orders

  • Petitioner and successors empowered to supply coal, milk, oatcakes, bread, or flour at half the market price to poor householders within Edinburgh, in such quantities, at such times, and under such regulations as the guardian may appoint.
  • Difference between market price and reduced price to be defrayed from trust income.