Scottish Court of Session Decisions

On 15th March 1910 Mrs Annie Buchanan Thomson or Dick and others, the testamentary trustees of the late John Dick, who resided at West Knowe, Airdrie, and died on 16th July 1901, first parties; and Alexander Dick, M.B., residing at Birstall, near Leeds, a son of the testator, second party, brought a Special Case to expiscate the testator's trust-disposition.

The testator, inter alia, directed his trustees—“( Third) To pay the expenses necessary for the education of my children; and it is my desire that my sons Alexander and James should have a university education suitable to prepare them for whatever profession they may adopt.”

The Case stated, inter alia—“The elder son Alexander is a physician near Leeds, and was married on 5th October 1908.… The elder son is at present studying at Leeds University for an additional diploma in Public Health, which he could not enter for until he held his present degree and had been in practice for at least a year. This degree will be of advantage to him in his profession, and he has called on the first parties to defray the expenses connected therewith under the powers conferred on them by the third purpose. The first parties feel doubtful as to whether it is within their power to pay these.… The first parties maintain … that they are not entitled, under the third purpose of the settlement, to make any payments on behalf of a son for education after such son has entered the profession adopted by him, and that accordingly they are not entitled to pay on behalf of the second party the expenses connected with his Public Health degree. The second party maintains that he … is entitled to the expenses incurred by him in connection with his Public Health degree.…”

The following question of law was, inter alia, submitted — “Are the first parties bound to pay on behalf of the second party the expenses connected with his Public Health degree?”

Argued for first parties — The trustees were not bound to pay the expenses of the second party in obtaining this diploma. He was only entitled to the expenses of preparation for his profession. It was not part of his education for his profession to get this diploma, which was a post-professional qualification. He could not enter for it until he had been a full-fledged practitioner for a year.

Argued for the second party—Under his father's will he was entitled to such sums as were reasonably necessary to complete his education. This Public Health degree was of importance in enabling him to qualify himself for his profession. It was the natural termination of his education as a doctor to take this qualification. It was necessary in order that he might become a full-fledged doctor in public health.

At advising—