Smith's Trustees v. Smith [1900] ScotLR 37_509 (08 March 1900)

Smith's Trustees v. Smith [1900] ScotLR 37_509 (08 March 1900)

The trustees did not make a final, valid, and effectual apportionment of the trust estate as required by the testator's directions; their actions were provisional and did not settle the interests of the beneficiaries. The trustees are now bound to make such an apportionment based on the actual value required to yield the specified income.

Citation
[1900] ScotLR 37_509
Parties
Trustees (first Parties): Smith's Trustees; Second Parties (sons of Testator): Smith (sons); Third Parties (grandchildren Via Sons): Smith (sons' children); Fourth Parties (daughters of Testator): Smith (daughters); Fifth Parties (grandchildren Via Daughters): Smith (daughters' children)
Jurisdiction
Scotland
Judgment Date
08 March 1900
Procedural Posture
Special Case (trust/apportionment) / Judgment on Questions of Law Regarding Apportionment of Trust Estate
Outcome
First question answered in the negative; second question answered in the affirmative.
Legal Topics
Apportionment of Estate, Trustee Duties, Interpretation of Wills
Trusts and Estates Succession Law Apportionment of Estate Trustee Duties Interpretation of Wills

Case Brief

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Parties

Smith's Trustees

Trustees (first Parties)

Smith (sons)

Second Parties (sons of Testator)

Smith (sons' children)

Third Parties (grandchildren Via Sons)

Smith (daughters)

Fourth Parties (daughters of Testator)

Smith (daughters' children)

Fifth Parties (grandchildren Via Daughters)

Procedural Posture

Special Case (trust/apportionment) / Judgment on Questions of Law Regarding Apportionment of Trust Estate

Legal Issues

  1. 1 Whether a valid, final, and effectual apportionment of the trust estate into 'first portion' and 'second portion' was made by the trustees
  2. 2 Whether it is now the duty of the trustees to make such an apportionment

Ratio Decidendi

The trustees did not make a final, valid, and effectual apportionment of the trust estate as required by the testator's directions; their actions were provisional and did not settle the interests of the beneficiaries. The trustees are now bound to make such an apportionment based on the actual value required to yield the specified income.

Court Disposition

First question answered in the negative; second question answered in the affirmative.

Orders

  • Trustees must now make a valid and effectual apportionment of the trust estate into 'first portion' and 'second portion' as directed by the testator.