The Hamilton Trustees Petitioners [1919] ScotLR 555 (12 June 1919)

The Hamilton Trustees Petitioners [1919] ScotLR 555 (12 June 1919)

The trustees already possessed the powers of sale they sought from the court under the terms of the trust-disposition and settlement; therefore, the petition was unnecessary and should be dismissed.

Citation
[1919] ScotLR 555
Parties
Petitioners: The Hamilton Trustees
Jurisdiction
Scotland
Judgment Date
12 June 1919
Procedural Posture
Petition Under Trusts (scotland) Act 1867, Sec. 3 and Nobile Officium / Final Judgment
Outcome
Petition dismissed as unnecessary.
Legal Topics
Powers of Trustees, Sale of Trust Property, Interpretation of Trust Deeds, Nobile Officium
Trusts and Estates Property Law Powers of Trustees Sale of Trust Property Interpretation of Trust Deeds Nobile Officium

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Parties

The Hamilton Trustees

Petitioners

Procedural Posture

Petition Under Trusts (scotland) Act 1867, Sec. 3 and Nobile Officium / Final Judgment

Legal Issues

  1. 1 Whether the trustees require court authority to sell materials, fittings, pictures, and plate from Hamilton Palace under the trust deed.
  2. 2 Whether the powers of sale in the trust deed are sufficient or restricted to certain purposes.

Ratio Decidendi

The trustees already possessed the powers of sale they sought from the court under the terms of the trust-disposition and settlement; therefore, the petition was unnecessary and should be dismissed.

Court Disposition

Petition dismissed as unnecessary.

Orders

  • Allow the petition to be amended as proposed at the bar.
  • Dismiss the petition as unnecessary.