Dick and Others v. Dick's Trustees [1908] UKHL 683 (26 May 1908)

Dick and Others v. Dick's Trustees [1908] UKHL 683 (26 May 1908)

The residuary bequest is not void for uncertainty; trustees' discretion relates to timing of distribution, not to application of funds for purposes other than those designated; indefinite retention does not frustrate the trust or render its objects uncertain.

Citation
[1908] UKHL 683
Parties
Appellants: Dick and Others; Respondents: Dick's Trustees; Interveners: Trustees under prior Settlements
Jurisdiction
United Kingdom
Judgment Date
26 May 1908
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Residuary Bequest, Uncertainty in Trust, Charitable Bequest
Succession Trusts Residuary Bequest Uncertainty in Trust Charitable Bequest

Case Brief

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Parties

Dick and Others

Appellants

Dick's Trustees

Respondents

Trustees under prior Settlements

Interveners

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the residuary bequest is void for uncertainty
  2. 2 Whether trustees have discretion to apply funds otherwise than to the charitable purpose designated
  3. 3 Whether indefinite retention by trustees frustrates the trust or renders its objects uncertain

Ratio Decidendi

The residuary bequest is not void for uncertainty; trustees' discretion relates to timing of distribution, not to application of funds for purposes other than those designated; indefinite retention does not frustrate the trust or render its objects uncertain.

Court Disposition

appeal dismissed

Orders

  • No order as to costs