Williamson and Others (M'Grouther's Trustees) Petitioners [1910] ScotLR 220 (23 December 1910)

The Court approved the transfer of the trust funds and administration to the General Trustees of the United Free Church, as they are a constitutional and permanent body, and required the terms of the trust to be embodied in the transfer, thereby ensuring the fulfilment of the testatrix's intentions.

Citation: [1910] ScotLR 220
Parties: Petitioners: Williamson and Others (M'Grouther's Trustees)
Jurisdiction: Scotland
Judgment Date: 23 December 1910
Procedural Posture: Petition by Private Trustees for Authority to Transfer Trust Funds / Final Judgment and Approval of Schemes
Outcome: Petition granted subject to conditions.
Legal Topics: Transfer of Trust Administration, Permanent Trustees, Charitable Bequests, Court Approval of Trust Schemes

Trusts Charitable Trusts Transfer of Trust Administration Permanent Trustees Charitable Bequests Court Approval of Trust Schemes

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Parties

Williamson and Others (M'Grouther's Trustees)

Petitioners

Procedural Posture

Petition by Private Trustees for Authority to Transfer Trust Funds / Final Judgment and Approval of Schemes

Legal Issues

1 Whether private trustees may transfer administration and capital of charitable trust funds to permanent official bodies within the United Free Church
2 Whether such transfer is permissible under trust law and the intentions of the testatrix

Ratio Decidendi

Court Disposition

Petition granted subject to conditions.

Orders

Approved the schemes for administration of the two bequests by the General Trustees of the United Free Church.
Directed the schemes to be signed by the Clerk of Court and to remain in process.