Scottish Court of Session Decisions

The late James Black, merchant in Glasgow, who died in September 1844, left a trust-disposition and settlement by which he conveyed to the persons named therein as trustees his whole means and effects for the purposes narrated in the deed.

One of the persons appointed as trustee by the trust-disposition was Alexander Drew, merchant in Glasgow. The deed contained a power of assumption, under which power various persons were assumed into the trust, and among others, Sir Archibald Alison (designed Lieutenant-Colonel Archibald Alison, C.B., unattached).

This was an application by Lieutenant-General Sir Archibald Alison, and the said Alexander Drew for authority to resign their office as trustees.

Sir Archibald Alison offered as his reason of resignation, that he held an important military command, which prevented his attendance at the trust-meetings; that in the course of fifteen years he had only been able to attend three meetings of the trust, and that he was liable at any time to be sent abroad.

Alexander Drew stated that he had been an original trustee, and had taken an active part in the trust for more than forty years, that advancing age would prevent his attending future meetings, and that as the trust funds exceeded £50,000 the investments were numerous and required closer supervision than he saw his way in the future to give.

Mr Drew was a man of 74 years of age

By the tenth purpose of his trust-deed Mr Black bequeathed an annuity of £20 to each of his trustees, original and assumed, who accepted office, to be payable to them so long as they continued to act.

The petitioners stated that for the due administration of the trust it was necessary that trustees who were unable to attend to their duties should resign, but that they had no power to resign under the Trusts Act, because each received the annuity above-mentioned on condition of accepting office (see sect. 1 of Trusts Act 1867), and the trust-deed did not provide for their resignation.

Authority— Gordon, 2d June 1854, 16 D. 884.

The Court, after intimation and service, as no objections were stated to the proposed resignation, and as exoneration was not prayed for, granted the prayer of the petition, allowed the petitioners to resign, and found that the expenses of the application and relative procedure formed a proper charge against the trust-estate.