Angus's Executrix v Batchan's Trs [1949] ScotCS CSIH_3 (25 March 1949)

Angus's Executrix v Batchan's Trs [1949] ScotCS CSIH_3 (25 March 1949)

A bequest to 'charities' as a class is valid if the class is sufficiently designated, even if the testator has not appointed a selector; the court can appoint a judicial factor to make the necessary selection, provided there is no indication that the testator intended only a specific person to select. The absence of a nominated executor or selector does not invalidate the bequest to charities.

Citation
[1949] ScotCS CSIH_3
Parties
Applicant: Angus's Executrix; Respondent: Batchan's Trustees
Jurisdiction
Scotland
Judgment Date
25 March 1949
Procedural Posture
Succession Dispute / Appeal Before Court of Session (inner House, Seven Judges)
Outcome
Bequest to charities upheld; claim of next of kin repelled; executrix-dative's claim continued to allow application for appointment of judicial factor.
Legal Topics
Charitable Bequests, Testamentary Disposition, Executor Powers, Judicial Factor Appointment
Succession Law Trusts and Estates Charitable Bequests Testamentary Disposition Executor Powers Judicial Factor Appointment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Angus's Executrix

Applicant

Batchan's Trustees

Respondent

Procedural Posture

Succession Dispute / Appeal Before Court of Session (inner House, Seven Judges)

Legal Issues

  1. 1 Whether a bequest to 'charities' without further specification is valid where the testator has not appointed a person to select the beneficiaries.
  2. 2 Whether the court can appoint a judicial factor to select charitable beneficiaries in the absence of a nominated selector.

Ratio Decidendi

A bequest to 'charities' as a class is valid if the class is sufficiently designated, even if the testator has not appointed a selector; the court can appoint a judicial factor to make the necessary selection, provided there is no indication that the testator intended only a specific person to select. The absence of a nominated executor or selector does not invalidate the bequest to charities.

Court Disposition

Bequest to charities upheld; claim of next of kin repelled; executrix-dative's claim continued to allow application for appointment of judicial factor.

Orders

  • Court repels claim of next of kin.
  • Court does not sustain claim for executrix-dative but continues her claim to enable application for appointment of judicial factor to select charitable beneficiaries.