Noble and Others (Noble's Trustees), Petitioners [1912] ScotLR 888 (10 July 1912)

Noble and Others (Noble's Trustees), Petitioners [1912] ScotLR 888 (10 July 1912)

The Court held that the questions raised were matters of administration for the trustees to determine under the trust deed, and not matters for the Court to authorise under the nobile officium. The petition was dismissed as incompetent because the Court cannot grant powers or advice in matters of ordinary trust management.

Citation
[1912] ScotLR 888
Parties
Petitioners: Matthew Carstairs Noble and others (Noble's Trustees)
Jurisdiction
Scotland
Judgment Date
10 July 1912
Procedural Posture
Petition (trust Administration) / Inner House, First Division – Judgment on Petition for Powers Under Nobile Officium
Outcome
Petition dismissed as incompetent.
Legal Topics
Trustee Powers, Nobile Officium, Trust Administration, Application of Trust Capital, Long Lease of Trust Property
Trusts and Estates Property Law Civil Procedure Trustee Powers Nobile Officium Trust Administration Application of Trust Capital Long Lease of Trust Property

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Parties

Matthew Carstairs Noble and others (Noble's Trustees)

Petitioners

Procedural Posture

Petition (trust Administration) / Inner House, First Division – Judgment on Petition for Powers Under Nobile Officium

Legal Issues

  1. 1 Whether trustees require court authority under the nobile officium to expend trust capital on property improvements and grant a long lease
  2. 2 Whether such matters are questions of administration within trustees' discretion

Ratio Decidendi

The Court held that the questions raised were matters of administration for the trustees to determine under the trust deed, and not matters for the Court to authorise under the nobile officium. The petition was dismissed as incompetent because the Court cannot grant powers or advice in matters of ordinary trust management.

Court Disposition

Petition dismissed as incompetent.

Orders

  • Petition dismissed.