A testatrix by her trust-disposition and settlement directed her trustees to apply the residue of her estate to ‘such public, benevolent, or charitable purposes in connection with the parish of Lesmahagow or the neighbourhood as they in their discretion shall think proper.’
Held that the bequest could not be read as being to benevolent or charitable purposes of a public character, but must be read as being to three classes of purposes, one of which was ‘public purposes’; and that so read the bequest was void from uncertainty, the addition of a locality not diminishing the vagueness of the purpose.
Authorities referred to.
In construing a will the punctuation of the original deed may be taken into account.
In a multiplepoinding brought by testamentary trustees the Court of Session held that the residuary bequest in the trust-disposition was void from uncertainty, found the Crown as ultimus haeres entitled to the residue, and allowed the trustees expenses out of the trust funds. The trustees having appealed to the House of Lords, their Lordships when dismissing the appeal refused the trustees their expenses in the appeal out of the trust funds, but of consent did not find expenses due by them.
Lord Chancellor (Finlay), Viscount Haldane, Lord Dunedin, Lord Atkinson, and Lord Shaw
[1918] UKHL 208, 55 SLR 208
Bailii
Scotland
Wills and Probate
Updated: 08 January 2022; Ref: scu.631465