Macintyre v. Grimond [1904] ScotLR 41_225 (15 January 1904)

Macintyre v. Grimond [1904] ScotLR 41_225 (15 January 1904)

A bequest to 'charitable or religious institutions and societies' is not void for uncertainty under Scots law; the class is sufficiently definite for trustees to exercise discretion, and the trust is valid.

Citation
[1904] ScotLR 41_225
Parties
Pursuers and Reclaimers: Mrs Margaret Isabella Grimond or Macintyre and another; Defenders and Respondents: Trustees of Alexander Dick Grimond
Jurisdiction
Scotland
Judgment Date
15 January 1904
Procedural Posture
Succession/trust Dispute / Appeal (reclaiming Motion) From Lord Ordinary's Decision
Outcome
Appeal dismissed; judgment for defenders/respondents affirmed.
Legal Topics
Validity of Testamentary Bequest, Uncertainty in Trust Objects, Charitable and Religious Trusts
Succession Trusts Validity of Testamentary Bequest Uncertainty in Trust Objects Charitable and Religious Trusts

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Parties

Mrs Margaret Isabella Grimond or Macintyre and another

Pursuers and Reclaimers

Trustees of Alexander Dick Grimond

Defenders and Respondents

Procedural Posture

Succession/trust Dispute / Appeal (reclaiming Motion) From Lord Ordinary's Decision

Legal Issues

  1. 1 Whether a testamentary bequest to 'such charitable or religious institutions and societies as my trustees may select' is void for uncertainty
  2. 2 Whether 'religious institutions and societies' is a sufficiently definite class for a valid trust under Scots law

Ratio Decidendi

A bequest to 'charitable or religious institutions and societies' is not void for uncertainty under Scots law; the class is sufficiently definite for trustees to exercise discretion, and the trust is valid.

Court Disposition

Appeal dismissed; judgment for defenders/respondents affirmed.

Orders

  • The court adhered to the Lord Ordinary's judgment assoilzieing the defenders (trustees).