Duke of Buccleuch and Queens-Berry and Another (Trustees of Rosyth Royal Naval Depot Canadian Fund) v. The Admiralty, Petitioners [1924] ScotLR 176 (26 January 1924)

Duke of Buccleuch and Queens-Berry and Another (Trustees of Rosyth Royal Naval Depot Canadian Fund) v. The Admiralty, Petitioners [1924] ScotLR 176 (26 January 1924)

The trust had become unworkable due to changed circumstances and lack of a council, making administration impossible; transfer to the Royal Naval Benevolent Trust, with similar objects and willingness to accept, best fulfilled the donors' intentions. Discharge of trustees could only be considered after audit of accounts by the Accountant of Court.

Citation
[1924] ScotLR 176
Parties
Trustees/petitioners: The Most Noble John Charles Montagu Douglas Scott, Duke of Buccleuch and Queensberry, and the Honourable Sir George Halsey Perley; Petitioner: The Admiralty
Jurisdiction
Scotland
Judgment Date
26 January 1924
Procedural Posture
Petition / Judgment on Petition for Transfer of Trust Funds and Discharge of Trustees
Outcome
Petition granted in part; transfer of trust funds authorised; discharge of trustees deferred pending audit.
Legal Topics
Charitable Trusts, Transfer of Trust Property, Discharge of Trustees, Nobile Officium
Trusts and Estates Charity Law Charitable Trusts Transfer of Trust Property Discharge of Trustees Nobile Officium

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Parties

The Most Noble John Charles Montagu Douglas Scott, Duke of Buccleuch and Queensberry, and the Honourable Sir George Halsey Perley

Trustees/petitioners

The Admiralty

Petitioner

Procedural Posture

Petition / Judgment on Petition for Transfer of Trust Funds and Discharge of Trustees

Legal Issues

  1. 1 Whether the Court should authorise the transfer of trust funds from an unworkable charitable trust to another similar charitable trust
  2. 2 Whether the trustees should be discharged from their obligations upon transfer of the funds

Ratio Decidendi

The trust had become unworkable due to changed circumstances and lack of a council, making administration impossible; transfer to the Royal Naval Benevolent Trust, with similar objects and willingness to accept, best fulfilled the donors' intentions. Discharge of trustees could only be considered after audit of accounts by the Accountant of Court.

Court Disposition

Petition granted in part; transfer of trust funds authorised; discharge of trustees deferred pending audit.

Orders

  • Authorise and empower the petitioners, as surviving trustees, to transfer the trust estate to the Royal Naval Benevolent Trust (Grand Fleet and Kindred Funds) under deduction of chargeable expenses.
  • Remit the petitioners' accounts and vouchers to the Accountant of Court for examination, audit, and report prior to granting discharge.