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Subject_1 Succession Subject_2 Trust Subject_3 Direction to Trustees Subject_4 Uncertainty. Facts: By his trust-disposition and settlement a testator directed, inter alia , “that after payment of the above legacies the residue of my estate, if any, shall be disposed of at the discretion of my said trustees.” Held that this direction was void from uncertainty.
By his trust-disposition and settlement the deceased George M'Gregor conveyed his whole estate to the Reverend Robert Davidson, minister of the parish of St Cyrus, and others, as trustees. By the fifth purpose of the said trust-disposition the truster directed “that after payment of the above legacies the residue of my estate, if any, shall be disposed of at the discretion of my said trustees.”
After the other purposes of the trust were fulfilled, there remained a balance in the hands of the trustees of £511, 5s. 7d. They alleged that they had the verbal instructions of the granter to employ this residue as a charitable fund for behoof of the parishioners of the parish of St Cyrus, but in respect of questions raised by the heirs in mobilibus of the truster they brought a multiplepoinding in which the residue was the fund in medio .
The fund in medio was claimed by (1) the trustees, and (2) the heirs in mobilibus of the truster.
The latter pleaded—“The testator's direction as to the residue of his estate being null and void for uncertainty, the claimants Page: 365 ↓
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Common Room
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