M'Alpine and others (M'Laren's trustees) v. M'Laren and others [1907] ScotLR 900 (16 July 1907)

M'Alpine and others (M'Laren's trustees) v. M'Laren and others [1907] ScotLR 900 (16 July 1907)

The majority held that the will created separate bequests to individually named beneficiaries, not a class gift, so accretion did not apply. The will expressly postponed vesting of the children's shares until age 25 or marriage, and there was no sufficient repugnancy or contextual reason to depart from the ordinary meaning of 'vest.' Therefore, Mary Hastie M'Alpine's share did not vest in her and fell into intestacy of the truster.

Citation
[1907] ScotLR 900
Parties
First Party (trustees): John M'Laren M'Alpine and others (M'Laren's trustees); Second Party (heir in Heritage): Robert M'Laren; Third Party (sister of Truster): Mrs Mary M'Laren or M'Alpine; Fourth Parties (surviving Children of Third Party): John M'Laren M'Alpine, Agnes Roy M'Alpine, Robert M'Alpine, Elizabeth M'Alpine, and Grace M'Alpine
Jurisdiction
Scotland
Judgment Date
16 July 1907
Procedural Posture
Special Case Stated for Opinion and Judgment of the Court of Session (inner House, Second Division) / Final Judgment
Outcome
Majority judgment for the second party; share of residue destined to Mary Hastie M'Alpine fell into intestacy of the truster.
Legal Topics
Accretion, Vesting, Intestacy, Construction of Wills, Repugnancy
Succession Law Trusts and Estates Accretion Vesting Intestacy Construction of Wills Repugnancy

Case Brief

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Parties

John M'Laren M'Alpine and others (M'Laren's trustees)

First Party (trustees)

Robert M'Laren

Second Party (heir in Heritage)

Mrs Mary M'Laren or M'Alpine

Third Party (sister of Truster)

John M'Laren M'Alpine, Agnes Roy M'Alpine, Robert M'Alpine, Elizabeth M'Alpine, and Grace M'Alpine

Fourth Parties (surviving Children of Third Party)

Procedural Posture

Special Case Stated for Opinion and Judgment of the Court of Session (inner House, Second Division) / Final Judgment

Legal Issues

  1. 1 Whether the share of residue destined to Mary Hastie M'Alpine fell into intestacy of the truster or accresced to surviving legatees; whether the share vested in Mary Hastie M'Alpine a morte testatoris and thus formed part of her intestate succession.

Ratio Decidendi

The majority held that the will created separate bequests to individually named beneficiaries, not a class gift, so accretion did not apply. The will expressly postponed vesting of the children's shares until age 25 or marriage, and there was no sufficient repugnancy or contextual reason to depart from the ordinary meaning of 'vest.' Therefore, Mary Hastie M'Alpine's share did not vest in her and fell into intestacy of the truster.

Court Disposition

Majority judgment for the second party; share of residue destined to Mary Hastie M'Alpine fell into intestacy of the truster.

Orders

  • First question (intestacy of truster) answered in the affirmative.
  • Second question (accretion to surviving legatees) answered in the negative.