Grigor Medical Bursary Fund Trustees Petitioners [1903] ScotLR 40_818 (15 July 1903)

Grigor Medical Bursary Fund Trustees Petitioners [1903] ScotLR 40_818 (15 July 1903)

The Court refused to sanction the alteration as the testator's intention was unequivocally for young men, and mere difficulty in obtaining male candidates does not justify extending the benefit to women. The trust is not unworkable; funds can accumulate until an eligible male candidate appears.

Citation
[1903] ScotLR 40_818
Parties
Petitioner: Grigor Medical Bursary Fund Trustees
Jurisdiction
Scotland
Judgment Date
15 July 1903
Procedural Posture
Petition / Final Judgment
Outcome
petition dismissed
Legal Topics
Alteration of Trust Scheme, Extension of Benefits, Nobile Officium, Trusts (scotland) Act 1867
Charitable Trusts Educational Trusts Alteration of Trust Scheme Extension of Benefits Nobile Officium Trusts (scotland) Act 1867

Case Brief

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Parties

Grigor Medical Bursary Fund Trustees

Petitioner

Procedural Posture

Petition / Final Judgment

Legal Issues

  1. 1 Whether the Court should sanction an alteration of the bursary scheme to extend eligibility to female medical students
  2. 2 Whether difficulty in obtaining suitable male candidates justifies extending the benefit to women

Ratio Decidendi

The Court refused to sanction the alteration as the testator's intention was unequivocally for young men, and mere difficulty in obtaining male candidates does not justify extending the benefit to women. The trust is not unworkable; funds can accumulate until an eligible male candidate appears.

Court Disposition

petition dismissed

Orders

  • prayer of the petition refused