Glentanar v Scottish Industrial Musical Association Ltd [1924] ScotCS CSIH_2 (19 December 1924)
The trust in question is not a public trust in the strict sense but is more akin to a private trust; therefore, Lord Glentanar, as truster, was entitled to appoint new trustees without court intervention, and the order for delivery of the shield to the new trustees is affirmed.
- Citation
- [1924] ScotCS CSIH_2
- Parties
- Pursuer: Glentanar; Defender: Scottish Industrial Musical Association Ltd
- Jurisdiction
- Scotland
- Judgment Date
- 19 December 1924
- Procedural Posture
- Appeal / Final Judgment
- Outcome
- appeal refused; interlocutor of the Sheriff-substitute affirmed
- Legal Topics
- Appointment of Trustees, Public Vs Private Trusts, Nobile Officium, Trust Administration
Case Brief
Summary, issues, holding and outcome
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Parties
Glentanar
Pursuer
Scottish Industrial Musical Association Ltd
Defender
Procedural Posture
Appeal / Final Judgment
Legal Issues
- 1 Whether Lord Glentanar had the power to appoint new trustees after the original trustees failed
- 2 Whether the trust in question is a public or private trust
- 3 Whether court intervention via nobile officium is required for appointment of new trustees
Ratio Decidendi
The trust in question is not a public trust in the strict sense but is more akin to a private trust; therefore, Lord Glentanar, as truster, was entitled to appoint new trustees without court intervention, and the order for delivery of the shield to the new trustees is affirmed.
Court Disposition
appeal refused; interlocutor of the Sheriff-substitute affirmed
Orders
- Order for delivery of the shield to the new trustees nominated by Lord Glentanar
Full Case Text
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