Anderson's Trustees [1921] ScotCS CSIH_1 (15 January 1921)

Anderson's Trustees [1921] ScotCS CSIH_1 (15 January 1921)

The Court may grant trustees powers to purchase heritable property and borrow on its security where the trust deed lacks machinery to fulfil the truster's main purpose, and exceptional circumstances justify the exercise of nobile officium.

Citation
[1921] ScotCS CSIH_1
Parties
Petitioner: Anderson's Trustees
Jurisdiction
Scotland
Judgment Date
15 January 1921
Procedural Posture
Petition / Judgment
Outcome
petition granted
Legal Topics
Exercise of Nobile Officium, Trustee Powers, Purchase of Heritable Property, Borrowing on Security, Administration of Trusts
Trusts Property Law Succession Exercise of Nobile Officium Trustee Powers Purchase of Heritable Property Borrowing on Security Administration of Trusts

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Parties

Anderson's Trustees

Petitioner

Procedural Posture

Petition / Judgment

Legal Issues

  1. 1 Whether the Court can authorise trustees to purchase heritable property and borrow on its security when the trust deed lacks express provision
  2. 2 Whether procedural difficulties prevent the Inner House from granting both powers in a composite petition

Ratio Decidendi

The Court may grant trustees powers to purchase heritable property and borrow on its security where the trust deed lacks machinery to fulfil the truster's main purpose, and exceptional circumstances justify the exercise of nobile officium.

Court Disposition

petition granted

Orders

  • Trustees authorised to purchase the farm.
  • Trustees authorised to borrow up to £2000 on the security of the farm.