Hay Memorial Judicial Factor v Hay's Trustees [1950] ScotCS CSIH_4 (23 July 1950)

Hay Memorial Judicial Factor v Hay's Trustees [1950] ScotCS CSIH_4 (23 July 1950)

The court held that the testatrix evinced a general charitable intention, not limited to the three specified purposes, and therefore the bequest had not failed and could be applied cy près.

Citation
[1950] ScotCS CSIH_4
Parties
Petitioner: Hay Memorial Judicial Factor; Respondent: Hay's Trustees
Jurisdiction
Scotland
Judgment Date
23 July 1950
Procedural Posture
Petition for Directions / Judgment
Outcome
petition granted; bequest not failed
Legal Topics
Charitable Bequest, Cy Près Doctrine, General Charitable Intention, Failure of Trust
Trusts Succession Charity Law Charitable Bequest Cy Près Doctrine General Charitable Intention Failure of Trust

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Parties

Hay Memorial Judicial Factor

Petitioner

Hay's Trustees

Respondent

Procedural Posture

Petition for Directions / Judgment

Legal Issues

  1. 1 Whether the bequest by the testatrix is a general charitable bequest or has failed due to impossibility of fulfilment
  2. 2 Whether a cy près scheme is required or the funds fall to the minuters

Ratio Decidendi

The court held that the testatrix evinced a general charitable intention, not limited to the three specified purposes, and therefore the bequest had not failed and could be applied cy près.

Court Disposition

petition granted; bequest not failed

Orders

  • The bequest is to be treated as a general charitable bequest and has not failed.