Dunbar's Trustees Petitioners [1915] ScotLR 656 (22 May 1915)

Dunbar's Trustees Petitioners [1915] ScotLR 656 (22 May 1915)

The Court held that taking the farm into the trustees' own hands and managing it was an ordinary act of trust administration, not requiring special authority from the Court. The petition was therefore unnecessary and dismissed.

Citation
[1915] ScotLR 656
Parties
Petitioners: Dame Isabella Mary Dunbar and others, Trustees of Sir Archibald Hamilton Dunbar
Jurisdiction
Scotland
Judgment Date
22 May 1915
Procedural Posture
Petition to Nobile Officium / Final Judgment
Outcome
Petition dismissed as unnecessary
Legal Topics
Powers of Trustees, Nobile Officium, Trust Administration, Borrowing Powers
Trusts Estate Administration Powers of Trustees Nobile Officium Trust Administration Borrowing Powers

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Parties

Dame Isabella Mary Dunbar and others, Trustees of Sir Archibald Hamilton Dunbar

Petitioners

Procedural Posture

Petition to Nobile Officium / Final Judgment

Legal Issues

  1. 1 Whether trustees require court authority to take a trust farm into their own hands and manage it when unable to let it
  2. 2 Whether trustees require court authority to borrow money for such management

Ratio Decidendi

The Court held that taking the farm into the trustees' own hands and managing it was an ordinary act of trust administration, not requiring special authority from the Court. The petition was therefore unnecessary and dismissed.

Court Disposition

Petition dismissed as unnecessary

Orders

  • Petition dismissed