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
Summary, issues, holding and outcome
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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
Legal Issues
- 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.
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