Edgar's Trustees v Cassells
| Jurisdiction | Scotland |
| Judgment Date | 17 March 1922 |
| Date | 17 March 1922 |
| Docket Number | No. 53. |
| Court | Court of Session |
Lord Justice-Clerk (Scott Dickson), Lord Salvesen, Lord Ormidale.
Charitable Bequests and TrustsUncertaintyBenevolent, charitable, and religious institutions in Glasgow and Greenock.
A testatrix directed her trustees to pay legacies to certain hospitals in Glasgow and Greenock, and a legacy to the missions connected with the Independent or Congregational Churches in Scotland to be distributed by the treasurer of Elgin Place Congregational Church, Glasgow. She then directed her trustees to divide the residue of her estate among such of the other benevolent, charitable, and religious institutions in Glasgow and Greenock as they in their sole discretion may think proper.
Held (1) that the residuary bequest was in favour of benevolent institutions, charitable institutions, or religious institutions, and was not limited to institutions possessing, each in itself, all these three characteristics; and (2) (diss. Lord Ormidale) that the bequest of residue was not void from uncertainty, as the trustees were confined in their choice to a division among existing institutions in a limited locality.
Grimond or Macintyre v. Grimond's TrusteesELR, (1905) 7 F. (H. L.) 90, [1905] A. C. 124, and Turnbull's Trustees v. Lord Advocate, 1918 S. C. (H. L.) 88, distinguished.
Opinion of Viscount Finlay in Turnbull's Trustees v. Lord Advocate, 1918 S. C. (H. L.) 88, at p. 90, applied
On 8th March 1921 a special case was presented for the determination of questions relating to the estate of the deceased Miss Rebecca Edgar.
Miss Rebecca Edgar died on 28th January 1893 leaving a trust-disposition and settlement, dated 11th August 1892, the fifth purpose of which was as follows:(Fifth) I direct my Trustees to hold the whole residue and remainder of my means and estate for behoof of Miss Maybel Jane Edgeware, in liferent for her liferent use allenarly and her lawful children in fee; In the event of the said Miss Maybel Jane Edgeware dying without leaving lawful issue then I direct my Trustees to make payment of the following Legacies free of Legacy Duty, vizt.:To The Glasgow Royal Infirmary the sum of One thousand pounds: To The Western Infirmary, Glasgow, the sum of One thousand pounds: To The Victoria Infirmary, Glasgow, the sum of One thousand pounds: To The Greenock Infirmary, the sum of Two thousand pounds: To The Association for the Relief of Incurables in Glasgow and the West of Scotland the sum of Two thousand pounds: To The Sick Children's Hospital, Glasgow, the sum of One thousand pounds; To the Missions connected with the Independent or Congregational Churches in Scotland, to be distributed by the Treasurer for the time being of Elgin Place Congregational Church, Glasgow, whose receipt shall be a sufficient exoneration to my Trustees, the sum of One thousand pounds: And with regard to the whole residue and remainder of my means and estate I direct my Trustees to divide the same among such of the other Benevolent, Charitable, and Religious Institutions in Glasgow and Greenock as they in their sole discretion may think proper.
Miss Edgeware died unmarried on 27th August 1915. When the special case was presented all the trust purposes had been fulfilled (including the payment of the particular legacies specified in purpose five), except the distribution of the remaining residue, which amounted to some 40,000.
The trustees acting under the trust-disposition and settlement were the first parties to the case, and the heirs in mobilibus of the testatrix were the second parties.
The special case, as amended, set forth, inter alia:None of the institutions mentioned in the said fifth purpose of the said trust-disposition and settlement exists for the furtherance of religion as a definite independent object. Provision is made as after-mentioned, but not otherwise, for holding religious services for the benefit of the inmates. Such services are entirely undenominational, and may, in the case of some of the institutions, be non-Christian. Atheists, Moslems, Buddhists, Jews, or heathen of any kind, are eligible for admission, and in the case of a few of the institutions are admitted for treatment to any of the infirmaries or hospitals aftermentioned. The Victoria Infirmary has a paid chaplain on the staff, and he holds religious services on Sunday in the board room at the infirmary. There is, however, no reference in the constitution or rules or regulations of the Victoria Infirmary to religion or religious instruction or religious services. The Glasgow Royal Infirmary and the Greenock Infirmary have no chaplain on their staffs, but the former makes an annual payment to the minister and kirk-session of the Glasgow Cathedral who arrange for a weekly religious service being held on Sundays, and the latter makes arrangements with local ministers to hold a religious service regularly on Sundays. The said services are held at the Royal Infirmary in the Chapel and at the Greenock Infirmary in a hall known as the Chapel and furnished with a platform, harmonium, desk, &c. The hall is used for other purposes, such as concerts, and occasionally dances. There is, however, no reference made in the constitution of these two infirmaries to religion or religious instruction or religious services. The constitution of the Glasgow Royal Infirmary, as it existed at the date of the testator's death, provided for the election by the ministers of the Established Church in Glasgow of one of their number to be one of the managers of said infirmary. In the case of the Greenock Infirmary, a Bible woman, paid by the Infirmary Dorcas Society, also visits the wards daily. The memorandum of association of the Western Infirmary contains no provision in connexion with religion. The bye-laws and regulations provide for the chaplain attending at the infirmary for at least three hours each day (Saturdays excepted) and for worship in the chapel on Sunday, and for the Superintendent attending service and making arrangements, so far as lies in his power, that all who are able may attend. There is, however, no chapel at the infirmary, and for some years there has been no chaplain on the staff, but occasional services are undertaken by a chaplain who retired some years ago on a pension and by other ministers in one of the classrooms. The hospital authorities are concerned only with sickness and treatment in dealing with patients, and the infirmary is not considered distinctively as a religious institution. The Association for Relief of Incurables has no reference to religion or religious instruction or religious services in its constitution. The present domestic rules of the association require each patient to attend religious services which are regularly held within the institution. The association has at present a salaried chaplain on its staff. The Royal Hospital for Sick Children makes no provision of any kind for religious services. On the occasion of funerals services...
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