M'Meekan's Trustees v. M'Clelland [1918] ScotLR 280 (20 February 1918)

M'Meekan's Trustees v. M'Clelland [1918] ScotLR 280 (20 February 1918)

The issue of predeceasing brothers and sisters are entitled to both their parents' original shares and any accretion from shares of other predeceasers who died without issue, as there is no survivorship clause in the will. The share of a predeceasing sister is to be divided per stirpes among her descendants, not per capita.

Parties
Pursuers and Real Raisers: David Goodall Houliston and others, Trustees of Andrew M'Meekan; Defenders: Issue and representatives of predeceasing brothers and sisters of Andrew M'Meekan; Claimants: Mrs Agnes M'Dowall or M'Meekan and Others; Claimants: Peter M'Meekan and Mrs Isabella M'Meekan or Laird; Claimants: Andrew M'Meekan's Trustees and Others; Claimant: Mrs Mary Jane or Jeanie Williamson or Lewis; Claimants: Mrs Margaret Elizabeth Bell or Skimming and Others; Claimant: Mrs Agnes M'Kinnell or Woods; Claimants: Andrew Black and Another; Claimants: Mrs Janet M'Meekan or M'Meekan and Others; Claimants: William Paterson and Others
Jurisdiction
Scotland
Judgment Date
20 February 1918
Procedural Posture
Multiplepoinding and Exoneration / Judgment at First Instance
Outcome
Claims of the surviving brother and sister for larger shares rejected; claim for per capita division among grandchildren rejected; division per stirpes ordered.
Legal Topics
Accretion, Will Construction, Division Per Capita or Per Stirpes, Vesting of Shares, Rights of Issue in Accrescing Shares
Succession Trusts and Estates Accretion Will Construction Division Per Capita or Per Stirpes Vesting of Shares Rights of Issue in Accrescing Shares

Case Brief

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Parties

David Goodall Houliston and others, Trustees of Andrew M'Meekan

Pursuers and Real Raisers

Issue and representatives of predeceasing brothers and sisters of Andrew M'Meekan

Defenders

Mrs Agnes M'Dowall or M'Meekan and Others

Claimants

Peter M'Meekan and Mrs Isabella M'Meekan or Laird

Claimants

Andrew M'Meekan's Trustees and Others

Claimants

Mrs Mary Jane or Jeanie Williamson or Lewis

Claimant

Mrs Margaret Elizabeth Bell or Skimming and Others

Claimants

Mrs Agnes M'Kinnell or Woods

Claimant

Andrew Black and Another

Claimants

Mrs Janet M'Meekan or M'Meekan and Others

Claimants

William Paterson and Others

Claimants

Procedural Posture

Multiplepoinding and Exoneration / Judgment at First Instance

Legal Issues

  1. 1 Whether issue of predeceasing brothers and sisters are entitled to accreting shares as their parents would have taken, including shares from those who died without issue
  2. 2 Whether the share of a predeceasing sister should be divided per stirpes or per capita among her descendants

Ratio Decidendi

The issue of predeceasing brothers and sisters are entitled to both their parents' original shares and any accretion from shares of other predeceasers who died without issue, as there is no survivorship clause in the will. The share of a predeceasing sister is to be divided per stirpes among her descendants, not per capita.

Court Disposition

Claims of the surviving brother and sister for larger shares rejected; claim for per capita division among grandchildren rejected; division per stirpes ordered.

Orders

  • Issue of predeceasing brothers and sisters to take both original and accreting shares as their parents would have taken.
  • Share of Mrs Williamson to be divided per stirpes between her daughter and the children of her predeceasing daughter.