Pender's Trustees, Petitioners [1906] ScotLR 44_196 (15 December 1906)

Pender's Trustees, Petitioners [1906] ScotLR 44_196 (15 December 1906)

The Scottish Court, exercising auxiliary jurisdiction via its nobile officium, may grant general powers to English trustees to grant feus and mineral leases of Scottish heritage, as the trustees remain accountable to the English Courts and the intervention is solely to enable the English Court's order to be carried out.

Citation
[1906] ScotLR 44_196
Parties
Petitioner: Pender's Trustees
Jurisdiction
Scotland
Judgment Date
15 December 1906
Procedural Posture
Petition / Final Judgment
Outcome
Petition granted
Legal Topics
Nobile Officium, Jurisdiction Over Foreign Trusts, Authority of Trustees, Feus and Mineral Leases, Auxiliary Jurisdiction
Trusts and Estates Property Law Private International Law Nobile Officium Jurisdiction Over Foreign Trusts Authority of Trustees Feus and Mineral Leases Auxiliary Jurisdiction

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Parties

Pender's Trustees

Petitioner

Procedural Posture

Petition / Final Judgment

Legal Issues

  1. 1 Whether the Scottish Court can grant general powers to English trustees to grant feus and mineral leases of Scottish heritage under an English trust
  2. 2 Whether repeated applications to the Scottish Court are necessary for each transaction or if a general authority can be granted

Ratio Decidendi

The Scottish Court, exercising auxiliary jurisdiction via its nobile officium, may grant general powers to English trustees to grant feus and mineral leases of Scottish heritage, as the trustees remain accountable to the English Courts and the intervention is solely to enable the English Court's order to be carried out.

Court Disposition

Petition granted

Orders

  • Authorised the petitioners to grant the particular feu in question to Pumpherston Oil Company Limited.
  • Granted general warrant to authorise and empower the trustees to grant feus of the lands of Seafield, Blackburn, and Whitehill, or any part thereof, for building purposes, and to grant leases of the said lands or any part thereof, and the minerals thereunder for mining purposes in accordance with the custom of the...