Wordie's Trustees v. Wordie [1916] UKHL 291 (28 February 1916)

Wordie's Trustees v. Wordie [1916] UKHL 291 (28 February 1916)

The residuary charitable bequest is not void for uncertainty because the trustees, in whom the testator reposed full confidence, have an implied power of selection among the broadly described class of charitable institutions, and the description is sufficiently certain to allow the trust to be executed.

Citation
[1916] UKHL 291
Parties
Respondents: Wordie's Trustees; Appellants: Miss Janet Wordie and others (next-of-kin)
Jurisdiction
United Kingdom
Judgment Date
28 February 1916
Procedural Posture
Appeal / House of Lords Decision on Appeal From Court of Session
Outcome
Appeal dismissed
Legal Topics
Charitable Bequests, Uncertainty in Trusts, Power of Selection by Trustees

Case Brief

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Parties

Wordie's Trustees

Respondents

Miss Janet Wordie and others (next-of-kin)

Appellants

Procedural Posture

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

  1. 1 Whether a residuary charitable bequest is void for uncertainty where the testator did not expressly confer a power of selection on trustees and the class of beneficiaries is broadly described.

Ratio Decidendi

The residuary charitable bequest is not void for uncertainty because the trustees, in whom the testator reposed full confidence, have an implied power of selection among the broadly described class of charitable institutions, and the description is sufficiently certain to allow the trust to be executed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with expenses to all parties out of the residuary estate of the testator.