Trustees of Portobello Female School, Petitioners [1900] ScotLR 37_311 (20 January 1900)

Trustees of Portobello Female School, Petitioners [1900] ScotLR 37_311 (20 January 1900)

The Court, exercising its nobile officium, may approve a scheme granting a retiring allowance to a teacher deprived of office due to the closure of a school, as this does not conflict with the principles in the Dollar Institution case, which concerned a different statutory context and continuing offices.

Citation
[1900] ScotLR 37_311
Parties
Petitioner: John Ord Mackenzie and others, Trustees of Portobello Female School; Interested Party: Miss Jemima Sinclair
Jurisdiction
Scotland
Judgment Date
20 January 1900
Procedural Posture
Petition / Application for Approval of Scheme for Administration of Trust
Outcome
Petition granted; scheme approved as amended
Legal Topics
Scheme of Administration of Trust, Retiring Allowance to Teacher, Nobile Officium, Failure of Trust Purpose
Trusts Education Law Scheme of Administration of Trust Retiring Allowance to Teacher Nobile Officium Failure of Trust Purpose

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Parties

John Ord Mackenzie and others, Trustees of Portobello Female School

Petitioner

Miss Jemima Sinclair

Interested Party

Procedural Posture

Petition / Application for Approval of Scheme for Administration of Trust

Legal Issues

  1. 1 Whether the Court can sanction a retiring allowance to a teacher when the trust's original purpose has failed and the school is discontinued
  2. 2 Whether the principle in Governors of Dollar Institution applies to this case

Ratio Decidendi

The Court, exercising its nobile officium, may approve a scheme granting a retiring allowance to a teacher deprived of office due to the closure of a school, as this does not conflict with the principles in the Dollar Institution case, which concerned a different statutory context and continuing offices.

Court Disposition

Petition granted; scheme approved as amended

Orders

  • Scheme for administration of trust approved, including annual allowance of £10 to Miss Jemima Sinclair