Borland and Others, Petitioners [1908] ScotLR 689 (29 May 1908)

Borland and Others, Petitioners [1908] ScotLR 689 (29 May 1908)

The Court was satisfied that the original scheme was unworkable as no applications had ever been received despite extensive publicity, and therefore approved the proposed scheme enlarging eligibility for the bursary.

Citation
[1908] ScotLR 689
Parties
Petitioners: Rev. William Borland and others (minister and kirk session of Dunbar); Respondent: N/A
Jurisdiction
Scotland
Judgment Date
29 May 1908
Procedural Posture
Petition for Alteration of Trust Scheme / Final Judgment
Outcome
Petition granted
Legal Topics
Charitable Trusts, Educational Trusts, Alteration of Trust Scheme, Nobile Officium
Trusts and Estates Charity Law Charitable Trusts Educational Trusts Alteration of Trust Scheme Nobile Officium

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Parties

Rev. William Borland and others (minister and kirk session of Dunbar)

Petitioners

N/A

Respondent

Procedural Posture

Petition for Alteration of Trust Scheme / Final Judgment

Legal Issues

  1. 1 Whether the Court should approve an alteration to the scheme of a charitable bursary trust due to impracticability of original terms
  2. 2 Whether the nobile officium can be exercised to extend eligibility for a bursary where no qualified applicants exist

Ratio Decidendi

The Court was satisfied that the original scheme was unworkable as no applications had ever been received despite extensive publicity, and therefore approved the proposed scheme enlarging eligibility for the bursary.

Court Disposition

Petition granted

Orders

  • Approve of the report and the proposed scheme; authorise and empower the petitioners to administer the bequest in accordance with the new scheme.