Pender's Trustees Petitioners [1903] ScotLR 40_382 (21 February 1903)

Pender's Trustees Petitioners [1903] ScotLR 40_382 (21 February 1903)

The Court exercised its nobile officium to grant the trustees authority to grant a new mineral lease and a feu for a school, as such powers were expedient for the administration of the trust, had been sanctioned by the English High Court, and were not expressly provided for in the will.

Citation
[1903] ScotLR 40_382
Parties
Petitioners: Sir John Denison-Pender and others (Pender's Trustees)
Jurisdiction
Scotland
Judgment Date
21 February 1903
Procedural Posture
Petition to Nobile Officium (trust Administration) / Final Order on Petition
Outcome
Petition granted in part; authority given to grant new mineral lease and feu for school; petition continued quoad ultra.
Legal Topics
Nobile Officium, Authority of Trustees, Feuing of Land, Mineral Leases, Cross Jurisdictional Trust Administration
Trusts and Estates Property Law Civil Procedure Nobile Officium Authority of Trustees Feuing of Land Mineral Leases Cross Jurisdictional Trust Administration

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Sir John Denison-Pender and others (Pender's Trustees)

Petitioners

Procedural Posture

Petition to Nobile Officium (trust Administration) / Final Order on Petition

Legal Issues

  1. 1 Whether trustees under an English trust lacking express power in the will can be authorised by the Scottish court to grant feus and mineral leases of Scottish heritable property forming part of the trust estate.

Ratio Decidendi

The Court exercised its nobile officium to grant the trustees authority to grant a new mineral lease and a feu for a school, as such powers were expedient for the administration of the trust, had been sanctioned by the English High Court, and were not expressly provided for in the will.

Court Disposition

Petition granted in part; authority given to grant new mineral lease and feu for school; petition continued quoad ultra.

Orders

  • Petitioners empowered to grant a new lease of shale and coal in the lands of Seafield, Blackburn, and Whitehill, Linlithgow, formerly let to the Pumpherston Oil Company.
  • Petitioners empowered to grant a feu to the School Board of Livingstone parish of up to one acre for a school.