Lismore United Free Church Kirk-Session v. M'Caig's Trustees [1915] ScotLR 347 (05 February 1915)

Lismore United Free Church Kirk-Session v. M'Caig's Trustees [1915] ScotLR 347 (05 February 1915)

The bequest in the codicil for the erection and perpetual maintenance of eleven expensive bronze statues of the testatrix and her family, to which the public would have no access, serves no public or rational purpose, is extravagant, and is motivated by personal and family vanity. It is therefore void as contrary to public policy under Scots law, following the precedent in M'Caig v. University of Glasgow.

Citation
[1915] ScotLR 347
Parties
First Parties (trustees): Alexander Duffus and others, testamentary trustees of Miss Catherine M'Caig; Second Parties (beneficiaries): Kirk-Session of the United Free Church of the Island of Lismore; Second Parties (beneficiaries): Provost, Magistrates, and Councillors of Oban; Second Parties (annuitants/beneficiaries): Bella M'Caig, Maggie M'Naughton, and Jessie M'Naughton
Jurisdiction
Scotland
Judgment Date
05 February 1915
Procedural Posture
Special Case (court of Session, Scotland) / Inner House, Second Division, Final Judgment
Outcome
Bequest in codicil for erection and maintenance of statues declared void as contrary to public policy.
Legal Topics
Validity of Testamentary Bequests, Charitable Trusts, Public Policy in Succession, Testamentary Capacity, Beneficiary Rights
Succession Trusts Testamentary Law Public Policy Validity of Testamentary Bequests Charitable Trusts Public Policy in Succession Testamentary Capacity +1 more

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Parties

Alexander Duffus and others, testamentary trustees of Miss Catherine M'Caig

First Parties (trustees)

Kirk-Session of the United Free Church of the Island of Lismore

Second Parties (beneficiaries)

Provost, Magistrates, and Councillors of Oban

Second Parties (beneficiaries)

Bella M'Caig, Maggie M'Naughton, and Jessie M'Naughton

Second Parties (annuitants/beneficiaries)

Procedural Posture

Special Case (court of Session, Scotland) / Inner House, Second Division, Final Judgment

Legal Issues

  1. 1 Whether the codicil directing erection and perpetual maintenance of eleven expensive family statues is a valid bequest under Scots law
  2. 2 Whether such a bequest is void as contrary to public policy or for want of a beneficiary

Ratio Decidendi

The bequest in the codicil for the erection and perpetual maintenance of eleven expensive bronze statues of the testatrix and her family, to which the public would have no access, serves no public or rational purpose, is extravagant, and is motivated by personal and family vanity. It is therefore void as contrary to public policy under Scots law, following the precedent in M'Caig v. University of Glasgow.

Court Disposition

Bequest in codicil for erection and maintenance of statues declared void as contrary to public policy.

Orders

  • First question of law answered in the negative: beneficiaries are not bound to submit to postponement of their benefits for erection of statues.
  • Second question of law answered in the affirmative: beneficiaries are entitled to payment of provisions in their favour, subject only to the first, second, and third purposes of the trust-disposition and settlement.