Hay's Trs v Baillie [1908] ScotCS CSIH_1 (18 July 1908)

Hay's Trs v Baillie [1908] ScotCS CSIH_1 (18 July 1908)

The Court held that the testatrix intended 'benevolent' and 'charitable' as synonymous, describing a single class of institutions. The bequest is valid as it is sufficiently certain for trustees to execute, and the use of both terms does not render the bequest void for uncertainty.

Citation
[1908] ScotCS CSIH_1
Parties
Applicant: Hay's Trustees; Respondent: Baillie
Jurisdiction
Scotland
Judgment Date
18 July 1908
Procedural Posture
Civil Appeal / Reclaiming Note (appeal) From Lord Ordinary's Interlocutor
Outcome
appeal allowed
Legal Topics
Charitable Bequests, Construction of Wills, Certainty of Beneficiaries
Succession Law Trusts and Estates Charitable Bequests Construction of Wills Certainty of Beneficiaries

Case Brief

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Parties

Hay's Trustees

Applicant

Baillie

Respondent

Procedural Posture

Civil Appeal / Reclaiming Note (appeal) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether a bequest to 'societies or institutions of a benevolent or charitable nature' is valid or void for uncertainty under Scots law.

Ratio Decidendi

The Court held that the testatrix intended 'benevolent' and 'charitable' as synonymous, describing a single class of institutions. The bequest is valid as it is sufficiently certain for trustees to execute, and the use of both terms does not render the bequest void for uncertainty.

Court Disposition

appeal allowed

Orders

  • Lord Ordinary's interlocutor recalled
  • First branch of the claim for the trustees and executors of Mrs Hay sustained