Young's Trustees v. Young's Trustee [1900] ScotLR 38_209 (14 December 1900)

Young's Trustees v. Young's Trustee [1900] ScotLR 38_209 (14 December 1900)

A testamentary direction to apply residue for 'such charitable or public purposes as my trustee thinks proper' is void for uncertainty because 'public purposes' is too vague and not confined to the legally recognised category of charitable trusts. The inclusion of 'public purposes' extends the trustee's discretion beyond permissible limits, rendering the bequest invalid.

Citation
[1900] ScotLR 38_209
Parties
Pursuers and Reclaimers: Young's Trustees; Defender and Respondent: Young's Trustee
Jurisdiction
Scotland
Judgment Date
14 December 1900
Procedural Posture
Succession Dispute (testamentary Trust) / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
Appeal allowed; interlocutor of Lord Ordinary recalled; bequest in codicil declared void for uncertainty; residue awarded to pursuers as residuary legatees.
Legal Topics
Validity of Testamentary Bequest, Uncertainty in Trust Purposes, Charitable Trusts, Public Purposes in Wills
Succession Trusts and Estates Validity of Testamentary Bequest Uncertainty in Trust Purposes Charitable Trusts Public Purposes in Wills

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Parties

Young's Trustees

Pursuers and Reclaimers

Young's Trustee

Defender and Respondent

Procedural Posture

Succession Dispute (testamentary Trust) / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether a testamentary direction to apply residue 'for such charitable or public purposes as my trustee thinks proper' is valid or void for uncertainty
  2. 2 Whether the inclusion of 'public purposes' renders the bequest too vague to be enforceable

Ratio Decidendi

A testamentary direction to apply residue for 'such charitable or public purposes as my trustee thinks proper' is void for uncertainty because 'public purposes' is too vague and not confined to the legally recognised category of charitable trusts. The inclusion of 'public purposes' extends the trustee's discretion beyond permissible limits, rendering the bequest invalid.

Court Disposition

Appeal allowed; interlocutor of Lord Ordinary recalled; bequest in codicil declared void for uncertainty; residue awarded to pursuers as residuary legatees.

Orders

  • Sustained second plea-in-law for pursuers
  • Decerned in favour of pursuers for the residue of the estate