Sinclair's Trusters Petitioners [1921] ScotLR 326 (09 March 1921)

Sinclair's Trusters Petitioners [1921] ScotLR 326 (09 March 1921)

The Court held that, in the absence of express provision for the maintenance of the daughters after the statutory allowances ceased, and given their inability to support themselves, it was appropriate to exercise the nobile officium to authorise the trustees to make advances for their maintenance, subject to the advances being deducted from their eventual shares and ceasing on marriage.

Citation
[1921] ScotLR 326
Parties
Petitioners: James Kinnaird and others (Sinclair's Trusters)
Jurisdiction
Scotland
Judgment Date
09 March 1921
Procedural Posture
Petition to Nobile Officium / Final Judgment
Outcome
Petition granted with qualifications
Legal Topics
Advances to Beneficiaries, Surplus Income, Nobile Officium, Maintenance and Support From Trust, Vesting of Shares
Trusts and Estates Equity Advances to Beneficiaries Surplus Income Nobile Officium Maintenance and Support From Trust Vesting of Shares

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Parties

James Kinnaird and others (Sinclair's Trusters)

Petitioners

Procedural Posture

Petition to Nobile Officium / Final Judgment

Legal Issues

  1. 1 Whether trustees may advance allowances to major beneficiaries out of surplus income after statutory allowances have ceased and before vesting of shares
  2. 2 Whether the Court can authorise such advances under its nobile officium

Ratio Decidendi

The Court held that, in the absence of express provision for the maintenance of the daughters after the statutory allowances ceased, and given their inability to support themselves, it was appropriate to exercise the nobile officium to authorise the trustees to make advances for their maintenance, subject to the advances being deducted from their eventual shares and ceasing on marriage.

Court Disposition

Petition granted with qualifications

Orders

  • Trustees authorised to advance £50 per annum to each of Margaret and Jessie Sinclair for maintenance and support, payable from surplus income or accumulations, so long as they are unable to maintain themselves, to cease on marriage, and to be deducted from their eventual shares of the residue without interest.