McConochie's Trustees v McConochie [1909] ScotCS CSIH_1 (18 May 1909)

McConochie's Trustees v McConochie [1909] ScotCS CSIH_1 (18 May 1909)

The bequest is void for uncertainty because the clause directs division among educational, charitable, and religious purposes, and 'religious purposes' are not sufficiently definite objects according to established decisions.

Citation
[1909] ScotCS CSIH_1
Parties
Applicant: M'Conochie's Trustees; Respondent: M'Conochie
Jurisdiction
Scotland
Judgment Date
18 May 1909
Procedural Posture
Testamentary Dispute / Appellate
Outcome
bequest declared void for uncertainty
Legal Topics
Construction of Wills, Certainty of Bequests, Charitable Trusts
Property Law Trusts and Succession Construction of Wills Certainty of Bequests Charitable Trusts

Case Brief

Summary, issues, holding and outcome

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Parties

M'Conochie's Trustees

Applicant

M'Conochie

Respondent

Procedural Posture

Testamentary Dispute / Appellate

Legal Issues

  1. 1 Whether a bequest to 'educational, charitable, and religious purposes' is sufficiently definite to be valid
  2. 2 Whether the inclusion of 'religious purposes' renders the bequest void for uncertainty

Ratio Decidendi

The bequest is void for uncertainty because the clause directs division among educational, charitable, and religious purposes, and 'religious purposes' are not sufficiently definite objects according to established decisions.

Court Disposition

bequest declared void for uncertainty

Orders

  • The question is answered in the affirmative; the bequest cannot be sustained.