Davidson and Others (Anderson's Trustees) Petitioners [1921] ScotLR 245 (15 January 1921)

Davidson and Others (Anderson's Trustees) Petitioners [1921] ScotLR 245 (15 January 1921)

The Court held that the main purpose of the trust was to secure the farm and shorthorn herd for the nephew, and that unforeseen circumstances (sale of the farm by the landlord) made it impossible to effectuate this purpose without judicial intervention. The absence of express powers in the trust deed constituted a deficiency in machinery, justifying the exercise of the nobile officium to grant authority to purchase the farm and borrow on its security. The Court further held that procedural difficulties in combining the applications were resolved by precedent, allowing both powers to be granted in one petition.

Citation
[1921] ScotLR 245
Parties
Petitioner: Alexander Brodie Davidson and others (Anderson's Trustees); Beneficiary: Thomas Alexander Anderson Rae; Seller: Charles William Dyson Perrins
Jurisdiction
Scotland
Judgment Date
15 January 1921
Procedural Posture
Petition / Final Judgment
Outcome
Petition granted
Legal Topics
Trust Administration, Special Powers of Trustees, Nobile Officium, Authority to Purchase Heritage, Authority to Borrow on Security
Trusts Property Law Equity Trust Administration Special Powers of Trustees Nobile Officium Authority to Purchase Heritage Authority to Borrow on Security

Case Brief

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Parties

Alexander Brodie Davidson and others (Anderson's Trustees)

Petitioner

Thomas Alexander Anderson Rae

Beneficiary

Charles William Dyson Perrins

Seller

Procedural Posture

Petition / Final Judgment

Legal Issues

  1. 1 Whether trustees may be granted power to purchase heritage and borrow on security where such powers are not expressly conferred by the trust deed
  2. 2 Competency of combining applications for power to purchase and power to borrow in one petition
  3. 3 Appropriateness of exercise of nobile officium

Ratio Decidendi

The Court held that the main purpose of the trust was to secure the farm and shorthorn herd for the nephew, and that unforeseen circumstances (sale of the farm by the landlord) made it impossible to effectuate this purpose without judicial intervention. The absence of express powers in the trust deed constituted a deficiency in machinery, justifying the exercise of the nobile officium to grant authority to purchase the farm and borrow on its security. The Court further held that procedural difficulties in combining the applications were resolved by precedent, allowing both powers to be granted in one petition.

Court Disposition

Petition granted

Orders

  • Approve of the report; grant warrant to, authorise, and empower the petitioners to purchase the farm and lands of Nonikiln at the price of £5640 with entry at Whitsunday 1921.
  • Authorise the petitioners to borrow money to an amount not exceeding £2000 on the security of the said subjects and to grant bonds and dispositions in security.