Macduff v. Spence's Trustees [1908] ScotLR 135 (21 November 1908)

Macduff v. Spence's Trustees [1908] ScotLR 135 (21 November 1908)

The discretion conferred upon trustees as to the amount to be distributed to charitable purposes does not render the bequest void for uncertainty, as the objects are sufficiently defined and there is no authority to apply funds to non-charitable purposes. Any future surplus not distributed can only be addressed if and when it arises.

Citation
[1908] ScotLR 135
Parties
Pursuer/respondent: Margaret Lucy Spence or Macduff; Defenders/reclaimers: Lachlan Mackinnon and others (Spence's Trustees)
Jurisdiction
Scotland
Judgment Date
21 November 1908
Procedural Posture
Succession Dispute / Appeal (reclaiming Motion)
Outcome
action dismissed
Legal Topics
Charitable Bequests, Uncertainty in Testamentary Dispositions, Trustee Discretion
Succession Trusts Charitable Bequests Uncertainty in Testamentary Dispositions Trustee Discretion

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Parties

Margaret Lucy Spence or Macduff

Pursuer/respondent

Lachlan Mackinnon and others (Spence's Trustees)

Defenders/reclaimers

Procedural Posture

Succession Dispute / Appeal (reclaiming Motion)

Legal Issues

  1. 1 Whether a testamentary bequest to charity is void for uncertainty when trustees have discretion as to the amount to be distributed
  2. 2 Whether the discretion conferred on trustees invalidates the bequest

Ratio Decidendi

The discretion conferred upon trustees as to the amount to be distributed to charitable purposes does not render the bequest void for uncertainty, as the objects are sufficiently defined and there is no authority to apply funds to non-charitable purposes. Any future surplus not distributed can only be addressed if and when it arises.

Court Disposition

action dismissed

Orders

  • Lord Ordinary's interlocutor recalled
  • trustees left undisturbed in exercise of administrative powers