The Church of Scotland Ministers' Widows' Fund v. Swan and Others (Robb's Case) [1917] ScotLR 581 (17 July 1917)

The Church of Scotland Ministers' Widows' Fund v. Swan and Others (Robb's Case) [1917] ScotLR 581 (17 July 1917)

The income of the Paton Bequest, being expressly added to the stipend, is to be treated as stipend and thus, during a vacancy, falls as vacant stipend to the Widows' Fund under the 1814 Act. The Robb Bequest, directing payment of income to the minister for the time being, does not evidence an intention that it be treated as stipend for these purposes; thus, during a vacancy, it does not fall to the Widows' Fund.

Citation
[1917] ScotLR 581
Parties
First Parties: The Trustees of the Church of Scotland Ministers' Widows' Fund; Second Parties: Reverend David Ness, M.A. and others (Paton's Case); Second Parties: Reverend John A. Swan, B.D. and others (Robb's Case)
Jurisdiction
Scotland
Judgment Date
17 July 1917
Procedural Posture
Special Case (court of Session, Inner House, First Division) / Judgment on Questions of Law Regarding Testamentary Bequests and Vacant Stipend
Outcome
Third question of law in Paton's Case answered in the affirmative; in Robb's Case answered in the negative.
Legal Topics
Vacant Stipend, Testamentary Bequests, Church of Scotland Ministers' Widows' Fund, Interpretation of 'stipend', Application of Church Endowments
Ecclesiastical Law Trusts and Estates Statutory Interpretation Vacant Stipend Testamentary Bequests Church of Scotland Ministers' Widows' Fund Interpretation of 'stipend' Application of Church Endowments

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Parties

The Trustees of the Church of Scotland Ministers' Widows' Fund

First Parties

Reverend David Ness, M.A. and others (Paton's Case)

Second Parties

Reverend John A. Swan, B.D. and others (Robb's Case)

Second Parties

Procedural Posture

Special Case (court of Session, Inner House, First Division) / Judgment on Questions of Law Regarding Testamentary Bequests and Vacant Stipend

Legal Issues

  1. 1 Whether income from testamentary bequests to a parish minister is 'stipend' for purposes of the Church of Scotland Ministers' Widows' Fund Act 1814 during a vacancy
  2. 2 Whether such income falls to be paid to the Widows' Fund as vacant stipend or remains payable to the minister for the time being

Ratio Decidendi

The income of the Paton Bequest, being expressly added to the stipend, is to be treated as stipend and thus, during a vacancy, falls as vacant stipend to the Widows' Fund under the 1814 Act. The Robb Bequest, directing payment of income to the minister for the time being, does not evidence an intention that it be treated as stipend for these purposes; thus, during a vacancy, it does not fall to the Widows' Fund.

Court Disposition

Third question of law in Paton's Case answered in the affirmative; in Robb's Case answered in the negative.

Orders

  • In Paton's Case, one-half year's income of the legacy is payable to the Widows' Fund as vacant stipend.
  • In Robb's Case, the income does not fall as vacant stipend and is not payable to the Widows' Fund.