Drybrough's Trustees v. Drybrough & Others [1911] ScotLR 611 (20 March 1911)

Drybrough's Trustees v. Drybrough & Others [1911] ScotLR 611 (20 March 1911)

The trust deed does not express or imply an intention that grandchildren (issue of a predeceasing child) should take accrescing shares of the annuity; they are entitled only to their parent's original share. The annuity is not 'estate held in liferent' under the Entail Amendment (Scotland) Acts, and thus the statutory provisions do not apply.

Citation
[1911] ScotLR 611
Parties
First Party: Andrew Drybrough (Trustee); Second Party: Hope Park (Trustee and Executor of Andrew Drybrough Jr.); Third Parties: William Charles Drybrough and his pupil children; Fourth Party: P.C. Gould (Executor of Robert Drybrough); Fifth Party: John Robert Drybrough; Sixth Parties: Ralph M. Drybrough and Frederick W. Drybrough
Jurisdiction
Scotland
Judgment Date
20 March 1911
Procedural Posture
Special Case (court of Session, Inner House, Second Division) / Judgment on Questions of Construction and Entitlement Under Trust and Annuity
Outcome
The Court answered that the surviving son alone is entitled to the lapsed share of the annuity; the issue of the predeceasing son are not entitled to accrescing shares. The annuity is not 'estate held in liferent' under the Entail Amendment Acts.
Legal Topics
Accretion, Annuity, Liferent, Entail Amendment (scotland) Acts, Alimentary Provision, Condicio Si Sine Liberis
Succession Trusts and Estates Accretion Annuity Liferent Entail Amendment (scotland) Acts Alimentary Provision Condicio Si Sine Liberis

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Parties

Andrew Drybrough (Trustee)

First Party

Hope Park (Trustee and Executor of Andrew Drybrough Jr.)

Second Party

William Charles Drybrough and his pupil children

Third Parties

P.C. Gould (Executor of Robert Drybrough)

Fourth Party

John Robert Drybrough

Fifth Party

Ralph M. Drybrough and Frederick W. Drybrough

Sixth Parties

Procedural Posture

Special Case (court of Session, Inner House, Second Division) / Judgment on Questions of Construction and Entitlement Under Trust and Annuity

Legal Issues

  1. 1 Whether the share of an annuity payable to a deceased child of the testator accretes to the surviving child or to the issue of another predeceasing child
  2. 2 Whether the annuity constitutes 'estate held in liferent' under the Entail Amendment (Scotland) Acts, entitling an annuitant born after the deed to payment of the fee

Ratio Decidendi

The trust deed does not express or imply an intention that grandchildren (issue of a predeceasing child) should take accrescing shares of the annuity; they are entitled only to their parent's original share. The annuity is not 'estate held in liferent' under the Entail Amendment (Scotland) Acts, and thus the statutory provisions do not apply.

Court Disposition

The Court answered that the surviving son alone is entitled to the lapsed share of the annuity; the issue of the predeceasing son are not entitled to accrescing shares. The annuity is not 'estate held in liferent' under the Entail Amendment Acts.

Orders

  • Trustees to pay two-thirds of the annuity to William Charles Drybrough and one-third to the children of Robert Drybrough.
  • Claim for payment of capital under the Entail Amendment Acts refused.