Trustees of Chalmers' Hospital, Banff Petitioners [1922] ScotLR 144 (09 December 1922)

The Court is satisfied that the sale of heritage, though expressly forbidden by the trust deed, is expedient for the execution of the trust given materially changed circumstances, increased burdens, and reduced revenue, and grants authority to sell under section 5 of the Trusts (Scotland) Act 1921.

Citation: [1922] ScotLR 144
Parties: Petitioners: Trustees of Chalmers' Hospital, Banff
Jurisdiction: Scotland
Judgment Date: 09 December 1922
Procedural Posture: Petition / Final Judgment
Outcome: Petition granted with modification
Legal Topics: Trust Administration, Sale of Trust Property, Court's Nobile Officium, Modification of Trust Terms

Trusts Charity Law Property Law Trust Administration Sale of Trust Property Court's Nobile Officium Modification of Trust Terms

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Parties

Trustees of Chalmers' Hospital, Banff

Petitioners

Procedural Posture

Petition / Final Judgment

Legal Issues

1 Whether the Court can authorise trustees to sell heritage expressly forbidden by the trust deed
2 Whether such sale is expedient for the execution of the trust under section 5 of the Trusts (Scotland) Act 1921

Ratio Decidendi

Court Disposition

Petition granted with modification

Orders

Authorise trustees to sell specified heritable subjects by public roup or private bargain as expedient.
Trustees to invest proceeds on trust securities and apply income for purposes set out in deed of mortification.