Grigor Medical Bursary Fund Trs [1903] ScotCS CSIH_1 (15 July 1903)

Grigor Medical Bursary Fund Trs [1903] ScotCS CSIH_1 (15 July 1903)

The court refused to extend the bursary to women, holding that the testator's intention was clear and that mere difficulty in finding male candidates does not justify a fundamental alteration of the trust's terms.

Citation
[1903] ScotCS CSIH_1
Parties
Petitioner: Grigor Medical Bursary Fund Trustees
Jurisdiction
Scotland
Judgment Date
15 July 1903
Procedural Posture
Petition / Court of Session Inner House, Decision
Outcome
Petition dismissed
Legal Topics
Variation of Trusts, Charitable Endowments, Testamentary Intent, Gender Discrimination
Trusts and Estates Charity Law Variation of Trusts Charitable Endowments Testamentary Intent Gender Discrimination

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Parties

Grigor Medical Bursary Fund Trustees

Petitioner

Procedural Posture

Petition / Court of Session Inner House, Decision

Legal Issues

  1. 1 Whether the court can extend the benefit of a charitable bursary trust, expressly limited to young men, to include young women due to changes in social circumstances and difficulty in finding eligible male candidates.

Ratio Decidendi

The court refused to extend the bursary to women, holding that the testator's intention was clear and that mere difficulty in finding male candidates does not justify a fundamental alteration of the trust's terms.

Court Disposition

Petition dismissed

Orders

  • Petition to extend bursary eligibility to women refused