Weir v Crum Brown [1908] UKHL 2 (06 February 1908)

Weir v Crum Brown [1908] UKHL 2 (06 February 1908)

The description of beneficiaries as persons who have shewn practical sympathy in the pursuits of science is sufficiently certain to enable trustees or the court to carry out the testator's wishes; the bequest is valid.

Citation
[1908] UKHL 2
Parties
Appellant: Weir; Respondent: Crum Brown
Jurisdiction
United Kingdom
Judgment Date
06 February 1908
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Charitable Bequests, Certainty of Beneficiaries, Trust Administration
Trusts Succession Charity Law Charitable Bequests Certainty of Beneficiaries Trust Administration

Case Brief

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Parties

Weir

Appellant

Crum Brown

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether a charitable bequest is void for uncertainty due to the description of beneficiaries as persons who have shewn practical sympathy in the pursuits of science

Ratio Decidendi

The description of beneficiaries as persons who have shewn practical sympathy in the pursuits of science is sufficiently certain to enable trustees or the court to carry out the testator's wishes; the bequest is valid.

Court Disposition

appeal dismissed

Orders

  • Appellants to have their judicial expenses of appeal out of the trust funds.
  • Expenses as awarded in the Court of Session to remain unaltered.