Ramsden Estate, Re, (1996) 145 Nfld. & P.E.I.R. 156 (PEITD)

• Case Date: May 14, 1996
• Jurisdiction: Prince Edward Island
• Citations: (1996), 145 Nfld. & P.E.I.R. 156 (PEITD)

Ramsden Estate, Re (1996), 145 Nfld. & P.E.I.R. 156 (PEITD);

    453 A.P.R. 156

MLB headnote and full text

In The Matter Of the Estate of Eliza Jane Ramsden, Late of Charlottetown, in Queen County, Province of Prince Edward Island, Widow, Deceased, Testate

(No. ES-1342(R))

Indexed As: Ramsden Estate, Re

Prince Edward Island Supreme Court

Trial Division

MacDonald, C.J.T.D.

October 23, 1996.

Summary:

Ramsden bequeathed money to the Uni­versity of Prince Edward Island for scholar­ships for Protestant students. The scholar­ships were to be administered by the Uni­versity. Sections 3(1) and 4(f) of the Uni­versity Act stipulated that University gov­ernment, management and control be, inter alia, non-denominational and non-discrimi­natory. Ramsden's executors applied for advice.

The Prince Edward Island Supreme Court, Trial Division, held that the bequest violated ss. 3 and 4(f) of the University Act but could be saved by application of the cy-près doctrine. There was a general charitable intention. The University Act would not be violated if the University did not administer the scholarship itself. The court declared that the applicants must find a suitable body or person (to be approved by the court) to administer the trust in the University's stead.

Trusts - Topic 1185

Charitable trusts - Failure of charitable trusts - Cy-près doctrine - General chari­table intention - Ramsden bequeathed money to the University of Prince Edward Island for scholarships for Protestant stu­dents - The scholarships were to be administered by the University - Sections 3(1) and 4(f) of the University Act stipu­lated that University government, manage­ment and control be non-denominational and non-discriminatory - The Prince Edward Island Supreme Court, Trial Divi­sion, held that the bequest violated the University Act but could be saved by application of the cy-près doctrine - There was a general charitable intention; the University Act would not be violated if the University itself did not administer the scholarship.

Cases Noticed:

Leonard Foundation Trust, Re (1990), 37 O.A.C. 191 (C.A.), dist. [paras. 8, 13].

Canada Permanent Trust Co. v. University of Prince Edward Island et al. (1976), 9 Nfld. & P.E.I.R. 293; 12 A.P.R. 293 (P.E.I.C.A.), refd to. [para. 8].

Tufford's Will, Re (1984), 2 O.A.C. 45; 45 O.R.(2d) 351; 6 D.L.R.(4th) 534 (C.A.), refd to. [para. 12].

Statutes Noticed:

University Act, R.S.P.E.I. 1988, c. U-4, sect. 3(1), sect. 4(f) [para. 3].

Authors and Works Noticed:

Black's Law Dictionary (6th Ed. 1990), [para. 7].

Counsel:

Tracey L. Clements, for the applicants.

This case was heard on May 14, 1996, in Chambers, by MacDonald, C.J.T.D., of the Prince Edward Island Supreme Court, Trial Division, who delivered the following deci­sion on October 23, 1996.