De La Chaumette's Trustees v. De La Chaumette [1902] ScotLR 39_524 (20 March 1902)

De La Chaumette's Trustees v. De La Chaumette [1902] ScotLR 39_524 (20 March 1902)

Given the advanced age of the spouses and absence of issue, the court may act on the presumption that no children will be born, and authorise trustees to apply trust funds in purchase of annuities for the alimentary use of the spouses, maintaining the protective purpose of the trust.

Source-derived case information.

Citation
[1902] ScotLR 39_524
Parties
Trustees: De La Chaumette's Trustees; Husband/beneficiary: Thomas Amédée de la Chaumette; Wife/settlor/beneficiary: Margaret Gunn or de la Chaumette
Jurisdiction
Scotland
Judgment Date
20 March 1902
Procedural Posture
Special Case / Judgment
Outcome
Questions of law answered: trustees entitled to apply trust funds in purchase of annuities for spouses; court finds and declares accordingly.
Legal Topics
Antenuptial Marriage Contract, Presumption Against Child Bearing, Trustee Powers, Investment of Trust Funds, Alimentary Provision
Trusts Family Law Antenuptial Marriage Contract Presumption Against Child Bearing Trustee Powers Investment of Trust Funds Alimentary Provision

Source-derived case record

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Parties

De La Chaumette's Trustees

Trustees

Thomas Amédée de la Chaumette

Husband/beneficiary

Margaret Gunn or de la Chaumette

Wife/settlor/beneficiary

Procedural Posture

Special Case / Judgment

Legal Issues

  1. 1 Whether trustees may apply trust funds to purchase annuities for spouses when both are seventy and childless
  2. 2 Whether trustees may denude themselves of the trust and pay over capital to spouses
  3. 3 Whether trustees may realise trust funds and invest in annuities for spouses

Ratio Decidendi

Given the advanced age of the spouses and absence of issue, the court may act on the presumption that no children will be born, and authorise trustees to apply trust funds in purchase of annuities for the alimentary use of the spouses, maintaining the protective purpose of the trust.

Court Disposition

Questions of law answered: trustees entitled to apply trust funds in purchase of annuities for spouses; court finds and declares accordingly.

Orders

  • Trustees authorised to purchase annuities in their own names as trustees under the marriage-contract, on the joint lives of the spouses and the survivor, annuities to be held and applied as unassignable income for alimentary use of the spouses.