Young and Others v. Macalister and Others [1904] UKHL 742 (01 August 1904)

Young and Others v. Macalister and Others [1904] UKHL 742 (01 August 1904)

The majority of the Free Church, by uniting with the United Presbyterian Church and adopting terms that left the Establishment principle an open question, violated essential and fundamental principles of the Free Church as at 1843. There was no express or implied power in the trust or constitution to alter such...

Source-derived case information.

Citation
[1904] UKHL 742
Parties
Appellants/defenders (minority of Free Church): Young and Others; Respondents/pursuers (united Free Church and Trustees): Macalister and Others
Jurisdiction
United Kingdom
Judgment Date
01 August 1904
Procedural Posture
Civil Appeal (ecclesiastical/trust Dispute) / House of Lords (final Appeal)
Outcome
Appeal allowed; judgment of the Second Division of the Court of Session reversed (in part).
Legal Topics
Church Property and Schism, Powers of Religious Associations, Alteration of Doctrinal Standards, Interpretation of Trust Deeds, Declaratory Acts and Church Doctrine
Trusts Ecclesiastical Law Property Law Church Property and Schism Powers of Religious Associations Alteration of Doctrinal Standards Interpretation of Trust Deeds Declaratory Acts and Church Doctrine

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Parties

Young and Others

Appellants/defenders (minority of Free Church)

Macalister and Others

Respondents/pursuers (united Free Church and Trustees)

Procedural Posture

Civil Appeal (ecclesiastical/trust Dispute) / House of Lords (final Appeal)

Legal Issues

  1. 1 Whether the majority of the Free Church, by uniting with the United Presbyterian Church and altering doctrinal standards, forfeited rights to church property held in trust.
  2. 2 Whether the principle of Establishment and adherence to the Westminster Confession were fundamental and immutable conditions of the trust.
  3. 3 Whether the Declaratory Act 1892 and changes to ordination formula constituted a fundamental doctrinal departure.

Ratio Decidendi

The majority of the Free Church, by uniting with the United Presbyterian Church and adopting terms that left the Establishment principle an open question, violated essential and fundamental principles of the Free Church as at 1843. There was no express or implied power in the trust or constitution to alter such fundamental doctrines. Therefore, the majority forfeited all beneficial interest in the property, which remains with the minority adhering to the original standards.

Court Disposition

Appeal allowed; judgment of the Second Division of the Court of Session reversed (in part).

Orders

  • The property of the Free Church is to be held for the benefit of those adhering to the original fundamental doctrines as at 1843.
  • The majority who united with the United Presbyterian Church forfeit all beneficial interest in the property.