Maitland and Others Petitioners [1913] ScotLR 1 (16 October 1913)

Maitland and Others Petitioners [1913] ScotLR 1 (16 October 1913)

The fund is a charitable trust, not a friendly society; Court has power to sanction scheme and authorise transfer of funds to suitable charitable body; expediency and competency established; sole member's rights adequately safeguarded.

Citation
[1913] ScotLR 1
Parties
Petitioners: Adam Maitland, Lord Provost of Aberdeen, and others; Sole Member/beneficiary: Miss Amelia Crombie
Jurisdiction
Scotland
Judgment Date
16 October 1913
Procedural Posture
Petition for Approval of Scheme for Charitable Trust Administration / Final Hearing and Sanction of Scheme
Outcome
petition granted
Legal Topics
Administration of Charitable Trusts, Transfer of Trust Funds, Settlement of Scheme, Beneficiary Rights
Charitable Trusts Trust Law Administration of Charitable Trusts Transfer of Trust Funds Settlement of Scheme Beneficiary Rights

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Parties

Adam Maitland, Lord Provost of Aberdeen, and others

Petitioners

Miss Amelia Crombie

Sole Member/beneficiary

Procedural Posture

Petition for Approval of Scheme for Charitable Trust Administration / Final Hearing and Sanction of Scheme

Legal Issues

  1. 1 Whether the fund is a charitable trust or a friendly society
  2. 2 Competency of Court to sanction scheme and authorise transfer of trust funds
  3. 3 Safeguarding rights of sole member

Ratio Decidendi

The fund is a charitable trust, not a friendly society; Court has power to sanction scheme and authorise transfer of funds to suitable charitable body; expediency and competency established; sole member's rights adequately safeguarded.

Court Disposition

petition granted

Orders

  • Court approved proposed scheme for administration of fund
  • Court authorised transfer of trust funds to Aberdeen Association for Improving the Condition of the Poor