Dick and Another (Cleland's trustees) v. Clelands [1907] ScotLR 412 (27 February 1907)

Dick and Another (Cleland's trustees) v. Clelands [1907] ScotLR 412 (27 February 1907)

The bequest is not void for uncertainty because the class of beneficiaries—charitable institutions connected with the county of Lanark—is sufficiently definite, and the trustees' discretion is validly exercised within that class.

Citation
[1907] ScotLR 412
Parties
First Parties (trustees): Dick and Another (Cleland's trustees); Second Party (heir at Law): Clelands (nephew and heir-at-law); Third Parties (heirs in Mobilibus): Nephews and nieces of James Cleland
Jurisdiction
Scotland
Judgment Date
27 February 1907
Procedural Posture
Special Case (succession/trust) / Court of Session Inner House Second Division Judgment
Outcome
Bequest upheld as valid and effectual; not void for uncertainty.
Legal Topics
Validity of Charitable Bequest, Uncertainty in Testamentary Dispositions, Discretion of Trustees, Territorial Limitation in Charitable Gifts
Succession Trusts Charitable Trusts Validity of Charitable Bequest Uncertainty in Testamentary Dispositions Discretion of Trustees Territorial Limitation in Charitable Gifts

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Parties

Dick and Another (Cleland's trustees)

First Parties (trustees)

Clelands (nephew and heir-at-law)

Second Party (heir at Law)

Nephews and nieces of James Cleland

Third Parties (heirs in Mobilibus)

Procedural Posture

Special Case (succession/trust) / Court of Session Inner House Second Division Judgment

Legal Issues

  1. 1 Whether the testator's direction to distribute residue among 'charitable institutions connected with the county of Lanark' is void for uncertainty
  2. 2 Whether the residue forms intestate succession if the bequest is void

Ratio Decidendi

The bequest is not void for uncertainty because the class of beneficiaries—charitable institutions connected with the county of Lanark—is sufficiently definite, and the trustees' discretion is validly exercised within that class.

Court Disposition

Bequest upheld as valid and effectual; not void for uncertainty.

Orders

  • First question (validity of directions) answered in the affirmative.
  • Second question (void for uncertainty) answered in the negative.