Edgar's Trustees v. Cassells [1922] ScotLR 304 (17 March 1922)

The bequest is valid because the testatrix sufficiently designated a class of existing institutions (benevolent, charitable, or religious) within the defined localities of Glasgow and Greenock, and the trustees' discretion is limited to selection among this ascertainable class. The local limitation and the use of 'institutions' (as opposed to 'purposes') provide the necessary certainty.

Citation: [1922] ScotLR 304
Parties: First Parties: David Rennie and others, the testamentary trustees of Miss Rebecca Edgar; Second Parties: Mrs Isabella Thom Kirsopp or Cassells and others, the surviving nephews and nieces and issue of any who had died, next-of-kin
Jurisdiction: Scotland
Judgment Date: 17 March 1922
Procedural Posture: Special Case (court of Session, Inner House, Second Division) / Judgment on Validity of Testamentary Bequest
Outcome: Bequest of residue held valid; question of law answered in the affirmative.
Legal Topics: Validity of Testamentary Bequests, Uncertainty in Trust Dispositions, Charitable and Religious Institutions, Interpretation of Wills

Succession Trusts Validity of Testamentary Bequests Uncertainty in Trust Dispositions Charitable and Religious Institutions Interpretation of Wills

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Parties

David Rennie and others, the testamentary trustees of Miss Rebecca Edgar

First Parties

Mrs Isabella Thom Kirsopp or Cassells and others, the surviving nephews and nieces and issue of any who had died, next-of-kin

Second Parties

Procedural Posture

Special Case (court of Session, Inner House, Second Division) / Judgment on Validity of Testamentary Bequest

Legal Issues

1 Whether the bequest of residue to 'such of the other benevolent, charitable, and religious institutions in Glasgow and Greenock as they in their sole discretion may think proper' is valid or void for uncertainty

Ratio Decidendi

Court Disposition

Bequest of residue held valid; question of law answered in the affirmative.

Orders

Trustees are entitled to distribute the residue among such of the other benevolent, charitable, and religious institutions in Glasgow and Greenock as they in their sole discretion may think proper.