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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Special Case - Adamson's Trustees [1871] ScotLR 9_88 (16 November 1871)
URL: http://www.bailii.org/scot/cases/ScotCS/1871/09SLR0088.html
Cite as: [1871] ScotLR 9_88, [1871] SLR 9_88
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SCOTTISH_SLR_Court_of_Session
Page: 88↓
Court of Session Inner House Second Division.
Facts:
The trustees of a deceased gentleman being empowered to employ the residue of his estate in the establishment of an institution “in or near Cupar,” to be called the “Adamson Institution,” determined to build an infirmary at Bridgend of Ceres, which was 2
miles from Cupar. Held that in so doing they had not defeated the purpose of the trust-deed, which was to erect an institution “in or near Cupar.” 1 2
The question in this Special Case turns on the construction of the words “in or near Cupar” occurring in a settlement providing for the erection of a public institution. The late Mr Adamson of South Callange, Ceres, near Cupar-Fife, on 11th December 1865 conveyed his whole property to certain trustees, one of whom was Mr Andrew Taylor, banker, Cupar. The third purpose of the deed was as follows:—“My trustees shall hold and apply the residue and remainder of my estate and effects for the establishment of an institution in or near Cupar, to be called the ‘‘Adamson's Institution,’ the object of which shall either be the education of persons above the age of ten years, or as an hospital or infirmary for the care of diseased and treatment of injured persons, as the trustees for the institution hereinafter appointed may, on a consideration of the comparative benefits to the district of an educational establishment and hospital or infirmary, in their discretion determine to be preferable.”
The permanent trustees for the management of the institution were to be the minister of Ceres, two persons appointed by the Parochial Board of that parish, and four by the Town Council of Cupar, who were to be conjoined in the above order with his orginal trustees on the death or resignation of the latter, the number being kept up to seven.
The truster had indicated a preference for an educational establishment, and he provided that if that should be the choice of his trustees, twelve pupils from his native parish of Ceres should receive a free education there. In the event of an hospital being preferred, he expressed a wish that some preference should be accorded to the inhabitants of Ceres, and he further desired that Mr Taylor, one of his original trustees, should be appointed factor and clerk to the institution, on the ground that he was cognisant of his affairs and with his views in regard to it.
Mr Adamson died in 1866, and ultimately the trustees resolved that the institution should be an infirmary, and they fixed Bridgend of Ceres, between Ceres and Cupar, and distant about two miles and a-half from the latter place. Mr Andrew Taylor of Cupar objected to this site, on the ground that it was not in or near Cupar in the sense of the truster's settlement, and a Special Case was brought for the opinion and judgment of the Court on this point.
Fraser and Balfour, for the trustees favouring the Ceres site, argued that the truster had clearly indicated a preference towards Ceres, and that the distance from Cupar was not so great as to operate an exclusion of the condition of the trust that the institution should be “in or near Cupar.”
Solicitor-General and Millie answered that it must be taken to have been the intention of the truster to prefer the immediate neighbourhood of Cupar, as he had appointed the majority of the permanent trustees to be nominated by the Town Council of Cupar, and had fixed on Mr Taylor as factor, who was resident in Cupar. Separatim, the district which the truster intended to benefit could not include both Cupar and Ceres parishes, seeing that he had had a school in view, and that for the higher branches of education. In any event Cupar was a more suitable locality for a public institution than Ceres.
To-day the Court unanimously upheld the choice of site made by the majority of the trustees, holding that it was not so far from Cupar as to defeat the purposes of the truster, and that it sufficiently qualified the condition of the settlement “inor near Cupar.”
Solicitors: Agents for First Parties— Jardine, Stodart, & Frasers, W.S.
Agents for Second Parties— Fyfe, Millar, & Fyfe, S.S.C.