Houldsworth v. Houldsworth [1904] ScotLR 42_237 (16 December 1904)

Houldsworth v. Houldsworth [1904] ScotLR 42_237 (16 December 1904)

The site ceased to be used for school purposes; under section 2 of the School Sites Act 1841, the property immediately reverts to the donor's estate. The School Board has no title to oppose; parents may appear but have no tangible interest. No cy-pres scheme is possible; the trust cannot be carried on.

Citation
[1904] ScotLR 42_237
Parties
Pursuer: James Hamilton Houldsworth; Pursuer: Trustees under the trust-disposition and settlement of James Hunter; Pursuer: John Leslie Hunter; Defender: Surviving trustees, original and assumed, acting under the disposition of James Hunter; Compearing Defender: School Board of the parish of Cambusnethan; Compearing Defender: Parents of children of the classes for whose benefit the school was originally erected
Jurisdiction
Scotland
Judgment Date
16 December 1904
Procedural Posture
Action for Declarator and Adjudication / Inner House, Second Division, Court of Session, Reclaiming Motion
Outcome
Declarator granted; interlocutor of Lord Ordinary affirmed.
Legal Topics
School Sites Act 1841, Trust Reversion, Beneficiary Standing, Failure of Trust Purposes, Cy Pres Doctrine
Trusts Property Law Education Law School Sites Act 1841 Trust Reversion Beneficiary Standing Failure of Trust Purposes Cy Pres Doctrine

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Parties

James Hamilton Houldsworth

Pursuer

Trustees under the trust-disposition and settlement of James Hunter

Pursuer

John Leslie Hunter

Pursuer

Surviving trustees, original and assumed, acting under the disposition of James Hunter

Defender

School Board of the parish of Cambusnethan

Compearing Defender

Parents of children of the classes for whose benefit the school was originally erected

Compearing Defender

Procedural Posture

Action for Declarator and Adjudication / Inner House, Second Division, Court of Session, Reclaiming Motion

Legal Issues

  1. 1 Does the site revert to the donor upon failure of the trust purposes under the School Sites Act 1841?
  2. 2 Do the School Board and parents have title and interest to oppose the action?
  3. 3 Is the statutory reversion provision applicable given the area exceeds one acre?

Ratio Decidendi

The site ceased to be used for school purposes; under section 2 of the School Sites Act 1841, the property immediately reverts to the donor's estate. The School Board has no title to oppose; parents may appear but have no tangible interest. No cy-pres scheme is possible; the trust cannot be carried on.

Court Disposition

Declarator granted; interlocutor of Lord Ordinary affirmed.

Orders

  • Defences of compearing defenders repelled.
  • Decree in terms of the conclusions of the summons granted to pursuers.