Coats' Trustees Petitioners [1914] ScotLR 642 (27 May 1914)

The Court authorised the sale of the specified pictures by public auction at not less than the appraised value, expressly permitting the trustee-beneficiary to bid, as this was consistent with the testator's intentions and the interests of the trust estate.

Citation: [1914] ScotLR 642
Parties: Petitioners: William Hodge Coats, John Alexander Spens, and Ernest Symington Coats (as Trustees of Archibald Coats)
Jurisdiction: Scotland
Judgment Date: 27 May 1914
Procedural Posture: Petition for Special Powers Under Trust / Final Order on Petition
Outcome: Petition granted
Legal Topics: Trustee Powers, Sale of Trust Property, Nobile Officium, Beneficiary Rights

Trusts and Estates Trustee Powers Sale of Trust Property Nobile Officium Beneficiary Rights

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Parties

William Hodge Coats, John Alexander Spens, and Ernest Symington Coats (as Trustees of Archibald Coats)

Petitioners

Procedural Posture

Petition for Special Powers Under Trust / Final Order on Petition

Legal Issues

1 Whether trustees may be authorised to sell trust property by public auction with a trustee (beneficiary) permitted to bid
2 Whether such authorisation aligns with the testator's intentions and the interests of the trust estate

Ratio Decidendi

Court Disposition

Petition granted

Orders

Authorise sale of specified pictures by public auction at Christie, Manson, & Woods, London, at not less than appraised values, with William Hodge Coats entitled to bid as an individual.
Petitioners entitled to expenses out of the trust estate.