Murdoch's Trustees v. Weir and Others [1908] UKHL 335 (06 February 1908)

Murdoch's Trustees v. Weir and Others [1908] UKHL 335 (06 February 1908)

The bequest is not void for uncertainty because the class of beneficiaries—those who have shown practical sympathy in the pursuits of science—is sufficiently certain for trustees or the court to administer; the law does not require absolute precision in such descriptions.

Citation
[1908] UKHL 335
Parties
Respondents (reclaimers and Real Raisers): Murdoch's Trustees; Appellants (respondents and Claimants): Weir and Others
Jurisdiction
United Kingdom
Judgment Date
06 February 1908
Procedural Posture
Appeal / House of Lords Judgment on Appeal From Court of Session
Outcome
Appeal dismissed
Legal Topics
Charitable Bequest, Certainty of Beneficiaries, Trust Administration
Trusts and Estates Charity Law Charitable Bequest Certainty of Beneficiaries Trust Administration

Case Brief

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Parties

Murdoch's Trustees

Respondents (reclaimers and Real Raisers)

Weir and Others

Appellants (respondents and Claimants)

Procedural Posture

Appeal / House of Lords Judgment on Appeal From Court of Session

Legal Issues

  1. 1 Whether a charitable bequest to persons who have 'shown practical sympathy in the pursuits of science' is void for uncertainty.

Ratio Decidendi

The bequest is not void for uncertainty because the class of beneficiaries—those who have shown practical sympathy in the pursuits of science—is sufficiently certain for trustees or the court to administer; the law does not require absolute precision in such descriptions.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; appellants to have their judicial expenses of appeal out of the trust funds; expenses as awarded in the Court of Session to remain unaltered.