If a bequest in a will to a class of persons is capable of application by the trustees, or failing them, the court, the gift is not void for uncertainty. Lord Macnaghten said: ‘The testator has taken pains to provide competent judges. It is for the trustees to consider and determine the value of the service on which a candidate may rest his claim to participate in the testator’s bounty.’
Judges:
Lord Loreburn LC, Lord Macnaghten
Citations:
[1908] AC 162, [1908] UKHL 2, 1908 SC (HL) 3, (1908) 15 SLT 857
Links:
Jurisdiction:
Scotland
Cited by:
Cited – Guild v Inland Revenue Commissioners HL 6-May-1992
The will left land for a sports centre to a local authority which no longer existed. If the gift was charitable, the gift would be applied cy pres, but if not it would fail and pass to the family and be subect to Inheritance Tax.
Held: A gift . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate
Updated: 19 July 2022; Ref: scu.273195