Anderson's Trustees v. Lyon and Others [1914] ScotLR 824 (15 July 1914)

Anderson's Trustees v. Lyon and Others [1914] ScotLR 824 (15 July 1914)

The trust was a public trust for religious purposes, not a private trust. Upon the dissolution of the original beneficiary congregation, the property does not fall to the Crown as bona vacantia. Instead, the court should allow any potential successor congregation (notably the 7 Victoria Terrace congregation) to claim as of right, and if no such claim is established, the court should prepare a scheme for the administration of the trust fund cy près to a purpose as close as possible to the original trust purpose.

Citation
[1914] ScotLR 824
Parties
Pursuer: James Anderson and others, Trustees and Executors of the late Henry Anderson; Defender: Charles Frater Lyon; Defender: Miss Janet Anderson; Defender: Reverend James Patrick and others (Synod and Body of the United Original Seceders); Defender: Reverend Ebenezer A. Davidson and another (congregation at 7 Victoria Terrace, Edinburgh); Defender: Reverend William Scott and another (congregation at 52 South Clerk Street, Edinburgh); Defender: Reverend Walter Macleod and another (Lauriston Street congregation); Defender: The Lord Advocate (representing the Crown)
Jurisdiction
Scotland
Judgment Date
15 July 1914
Procedural Posture
Multiplepoinding and Exoneration / Appeal (reclaiming Motion) From Lord Ordinary to Inner House, First Division
Outcome
Lord Ordinary's interlocutor recalled; claim for the Lord Advocate repelled; cause remitted for further procedure.
Legal Topics
Cy Près Doctrine, Charitable Trusts, Bona Vacantia, Administration of Lapsed Trusts, Public Utility Trusts
Trusts and Estates Charities Law Church Law Cy Près Doctrine Charitable Trusts Bona Vacantia Administration of Lapsed Trusts Public Utility Trusts

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Parties

James Anderson and others, Trustees and Executors of the late Henry Anderson

Pursuer

Charles Frater Lyon

Defender

Miss Janet Anderson

Defender

Reverend James Patrick and others (Synod and Body of the United Original Seceders)

Defender

Reverend Ebenezer A. Davidson and another (congregation at 7 Victoria Terrace, Edinburgh)

Defender

Reverend William Scott and another (congregation at 52 South Clerk Street, Edinburgh)

Defender

Reverend Walter Macleod and another (Lauriston Street congregation)

Defender

The Lord Advocate (representing the Crown)

Defender

Procedural Posture

Multiplepoinding and Exoneration / Appeal (reclaiming Motion) From Lord Ordinary to Inner House, First Division

Legal Issues

  1. 1 Whether the trust property of a dissolved religious congregation should fall to the Crown as bona vacantia or be applied cy près to a similar charitable or public utility purpose.
  2. 2 Whether the trust in question was a charitable/public trust or a private trust limited to the original congregation.
  3. 3 Whether the congregation at 7 Victoria Terrace, Edinburgh, could claim as successor to the original beneficiary.

Ratio Decidendi

The trust was a public trust for religious purposes, not a private trust. Upon the dissolution of the original beneficiary congregation, the property does not fall to the Crown as bona vacantia. Instead, the court should allow any potential successor congregation (notably the 7 Victoria Terrace congregation) to claim as of right, and if no such claim is established, the court should prepare a scheme for the administration of the trust fund cy près to a purpose as close as possible to the original trust purpose.

Court Disposition

Lord Ordinary's interlocutor recalled; claim for the Lord Advocate repelled; cause remitted for further procedure.

Orders

  • Opportunity to be given to the congregation at 7 Victoria Terrace, Edinburgh, to tender a claim as of right to the fund in medio.
  • If such a claim is not established, the Lord Ordinary is to prepare a scheme for the administration of the fund cy près.