The Governors of the Arbroath Educational Trust, v. Petitioners [1908] ScotLR 5 (21 October 1908)
The Court refused the alteration because no sufficient change in circumstances affecting the administration of the trust was demonstrated, and the Commissioners' original scheme intentionally limited the benefit to boys. The Court's practice is not to interfere with such schemes unless a prima facie case for alteration based on changed circumstances is made out.
- Citation
- [1908] ScotLR 5
- Parties
- Petitioner: The Governors of the Arbroath Educational Trust
- Jurisdiction
- Scotland
- Judgment Date
- 21 October 1908
- Procedural Posture
- Petition / Final Judgment
- Outcome
- petition refused
- Legal Topics
- Alteration of Trust Scheme, Gender Equality in Educational Endowments
Case Brief
Summary, issues, holding and outcome
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Parties
The Governors of the Arbroath Educational Trust
Petitioner
Procedural Posture
Petition / Final Judgment
Legal Issues
- 1 Whether clause 25 of the scheme should be altered to substitute 'children' for 'boys', thereby extending free education benefits to girls as well as boys
Ratio Decidendi
The Court refused the alteration because no sufficient change in circumstances affecting the administration of the trust was demonstrated, and the Commissioners' original scheme intentionally limited the benefit to boys. The Court's practice is not to interfere with such schemes unless a prima facie case for alteration based on changed circumstances is made out.
Court Disposition
petition refused
Orders
- The Court refused to alter clause 25 of the scheme to substitute 'children' for 'boys'.
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