Browne's Trustee v. Anderson [1901] ScotLR 39_226 (07 December 1901)

Browne's Trustee v. Anderson [1901] ScotLR 39_226 (07 December 1901)

The assignation was perfected by intimation at the latest when the assignor became sole trustee in 1892, before the right vested in 1897. At that time, the trustee in bankruptcy had no title to the spes successionis, and thus the assignee's claim was preferable to the fund.

Citation
[1901] ScotLR 39_226
Parties
Claimant and Reclaimer: H. D. Anderson; Claimant and Respondent: Andrew Simpson M'Clelland (Trustee on the sequestrated estate of Robert Bennett Browne); Assignor / Bankrupt: Robert Bennett Browne
Jurisdiction
Scotland
Judgment Date
07 December 1901
Procedural Posture
Multiplepoinding (competition for Trust Fund) / Appeal From Lord Ordinary to Inner House, Second Division
Outcome
Interlocutor of the Lord Ordinary recalled; claim of the trustee in bankruptcy repelled; claim of H. D. Anderson preferred.
Legal Topics
Assignation, Intimation, Spes Successionis, Bankruptcy and Vesting of Property, Trust Administration
Trusts and Estates Bankruptcy Property Law Assignation Intimation Spes Successionis Bankruptcy and Vesting of Property Trust Administration

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Parties

H. D. Anderson

Claimant and Reclaimer

Andrew Simpson M'Clelland (Trustee on the sequestrated estate of Robert Bennett Browne)

Claimant and Respondent

Robert Bennett Browne

Assignor / Bankrupt

Procedural Posture

Multiplepoinding (competition for Trust Fund) / Appeal From Lord Ordinary to Inner House, Second Division

Legal Issues

  1. 1 Whether intimation of an assignation to the law-agents of trustees is sufficient to perfect the assignation against the trustee in bankruptcy.
  2. 2 Whether intimation to one of two trustees (where the assignor is himself a trustee) is sufficient.
  3. 3 Whether the assignation was perfected before the right vested and before the trustee in bankruptcy could claim.

Ratio Decidendi

The assignation was perfected by intimation at the latest when the assignor became sole trustee in 1892, before the right vested in 1897. At that time, the trustee in bankruptcy had no title to the spes successionis, and thus the assignee's claim was preferable to the fund.

Court Disposition

Interlocutor of the Lord Ordinary recalled; claim of the trustee in bankruptcy repelled; claim of H. D. Anderson preferred.

Orders

  • Recall of Lord Ordinary's interlocutor.
  • Repel claim of Andrew Simpson M'Clelland, trustee in bankruptcy.