Scottish Court of Session Decisions

In 1874 a number of persons in Edinburgh, who were interested in the spiritual and temporal welfare of young women, combined to form an association (subsequently called “The Edinburgh Young Women's Christian Institute”). The necessary funds were raised by bazaars and direct contributions from the public, and two houses were purchased for the purposes of the association, the titles being taken in the names of trustees, who granted a declaration of trust declaring that they held them for behoof of the association. The annual expenses were met, partly by payments from the inmates, and partly by subscriptions from the public. The association was carried on without a formal constitution until 1884, but in January of that year a constitution was approved at the annual meeting which was called by a newspaper advertisement. The constitution declared that the association should be entitled to unite with other associations having similar objects in view.

When the association was founded there was no other society of the kind in Edinburgh, but in 1877 a branch of “The Young Women's Christian Association”—a kindred society previously formed in London—was started in Edinburgh.

In 1892 it was resolved, as the result of negotiations between the two societies, that they should be amalgamated, and with

Page: 785↓

this view the premises belonging to the Edinburgh Young Women's Christian Institute were sold.

In May 1893 the Edinburgh Young Women's Christian Institute, and the members of the acting committee thereof, presented a petition in which they craved the Court to authorise them to pay over their funds to the Edinburgh branch of the Young Women's Christian Association, and to convene a special meeting of the petitioners' Institute for the purpose of considering, and, if so resolved, passing a resolution dissolving the Institute, and thereafter to approve and confirm such resolution and decree a dissolution of the Institute.

Argued for the petitioners—The application should be granted. The petitioners were in the position of trustees holding funds for certain charitable objects, and they desired to change the means of attaining these objects— Clephane v. Magistrates of Edinburgh, February 26, 1889, 7 Macph. (H. of L.) 7. The authority of the Court would protect them from subsequent objections— Simpson v. Trustees of Moffat Working Men's Institute, January 19, 1892, 19 R. 389. They were entitled to come to the Court for instructions— Andrews v. Ewart's Trustees, June 29, 1886, 13 R. (H. of L.) 69 ( per Lord Watson, 73 and 74).

At advising—