M'Phee's Trustees v. M'Phee and Others [1911] ScotLR 33 (07 November 1911)

M'Phee's Trustees v. M'Phee and Others [1911] ScotLR 33 (07 November 1911)

The bequest is valid because 'religious and charitable institutions' in Glasgow and neighbourhood is a sufficiently definite class, and trustees of common sense can carry out the testator's wishes. The use of 'and' (not 'or') and the locality limitation distinguish this case from those where uncertainty invalidated the bequest.

Citation
[1911] ScotLR 33
Parties
First Parties (applicants): Andrew Bolton and another, testamentary trustees of the late Hugh M'Phee; Second Parties (respondents): James M'Phee and Isabella M'Phee or Kirkwood (with consent of Thomas Kirkwood)
Jurisdiction
Scotland
Judgment Date
07 November 1911
Procedural Posture
Special Case (succession/trust) / Court of Session Inner House, Decision on Validity of Testamentary Direction
Outcome
Bequest upheld as valid; sum does not fall into residue.
Legal Topics
Uncertainty in Testamentary Dispositions, Charitable and Religious Bequests
Succession Trusts Uncertainty in Testamentary Dispositions Charitable and Religious Bequests

Case Brief

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Parties

Andrew Bolton and another, testamentary trustees of the late Hugh M'Phee

First Parties (applicants)

James M'Phee and Isabella M'Phee or Kirkwood (with consent of Thomas Kirkwood)

Second Parties (respondents)

Procedural Posture

Special Case (succession/trust) / Court of Session Inner House, Decision on Validity of Testamentary Direction

Legal Issues

  1. 1 Whether a direction to trustees to pay and divide £250 among such religious and charitable institutions in Glasgow and neighbourhood as they may select is void for uncertainty
  2. 2 Whether the sum falls into residue if the bequest is void

Ratio Decidendi

The bequest is valid because 'religious and charitable institutions' in Glasgow and neighbourhood is a sufficiently definite class, and trustees of common sense can carry out the testator's wishes. The use of 'and' (not 'or') and the locality limitation distinguish this case from those where uncertainty invalidated the bequest.

Court Disposition

Bequest upheld as valid; sum does not fall into residue.

Orders

  • First question (validity of bequest) answered in the affirmative.
  • Second question (sum falling into residue) answered in the negative.