Trustees of Alexander Scott's Hospital, Petitioners [1912] ScotLR 199 (03 December 1912)
The Court held that the trust deed's directions were clear and specific, requiring proceeds of any sale of the trust's land to be reinvested in other land, and that the Court had no power, even under its nobile officium, to authorise investment in trust securities contrary to those directions.
- Citation
- [1912] ScotLR 199
- Parties
- Petitioners: Trustees of Alexander Scott's Hospital
- Jurisdiction
- Scotland
- Judgment Date
- 03 December 1912
- Procedural Posture
- Petition to Nobile Officium (court of Session, Scotland) / Final Judgment
- Outcome
- Petition dismissed
- Legal Topics
- Powers of Trustees, Charitable Trusts, Investment of Trust Property, Nobile Officium, Interpretation of Trust Deeds
Case Brief
Summary, issues, holding and outcome
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Parties
Trustees of Alexander Scott's Hospital
Petitioners
Procedural Posture
Petition to Nobile Officium (court of Session, Scotland) / Final Judgment
Legal Issues
- 1 Whether the Court can authorise trustees of a charitable trust to invest proceeds of sale of trust land in non-land trust securities contrary to the express terms of the trust deed via its nobile officium.
Ratio Decidendi
The Court held that the trust deed's directions were clear and specific, requiring proceeds of any sale of the trust's land to be reinvested in other land, and that the Court had no power, even under its nobile officium, to authorise investment in trust securities contrary to those directions.
Court Disposition
Petition dismissed
Orders
- Prayer of the petition refused; trustees not authorised to invest proceeds in trust securities.
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