Macpherson's Judicial Factor v. Macpherson and Others [1915] ScotLR 778 (15 July 1915)

Macpherson's Judicial Factor v. Macpherson and Others [1915] ScotLR 778 (15 July 1915)

In Scots law, once an assignation is intimated, the assignee acquires an absolute right to the assigned interest as it stood at the date of intimation, and is not affected by subsequent intromissions of the cedent. The English rule to the contrary does not apply in Scotland.

Citation
[1915] ScotLR 778
Parties
First Party: Thomas Smith, C. A., Glasgow, judicial factor on the trust estate of the deceased Archibald Macpherson; Second Parties: Mrs Mary J. M. Macpherson or Mackay and others, the surviving children of the testator, and those in their right; Third Parties: Francis Patrick Long, solicitor, Dublin, and another, trustees acting under the marriage settlement of Hugh Peter Macpherson and his wife
Jurisdiction
Scotland
Judgment Date
15 July 1915
Procedural Posture
Special Case / Judgment on Questions of Law
Outcome
The third parties are entitled to rank pari passu with the other beneficiaries for the sum assigned; the English rule does not apply; the first and third questions answered in the negative, the second in the affirmative.
Legal Topics
Assignation, Trust Administration, Ranking of Claims, Effect of Intimation, Set Off in Trust Distributions
Trusts and Estates Property Law Assignation Trust Administration Ranking of Claims Effect of Intimation Set Off in Trust Distributions

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Parties

Thomas Smith, C. A., Glasgow, judicial factor on the trust estate of the deceased Archibald Macpherson

First Party

Mrs Mary J. M. Macpherson or Mackay and others, the surviving children of the testator, and those in their right

Second Parties

Francis Patrick Long, solicitor, Dublin, and another, trustees acting under the marriage settlement of Hugh Peter Macpherson and his wife

Third Parties

Procedural Posture

Special Case / Judgment on Questions of Law

Legal Issues

  1. 1 Whether assignees of a trust beneficiary are entitled to payment from the trust estate when the beneficiary overdrew his share after assignation and intimation
  2. 2 Whether English law on post-assignation intromissions applies in Scots law
  3. 3 Whether the assignees are entitled to preferential or pari passu ranking with other beneficiaries

Ratio Decidendi

In Scots law, once an assignation is intimated, the assignee acquires an absolute right to the assigned interest as it stood at the date of intimation, and is not affected by subsequent intromissions of the cedent. The English rule to the contrary does not apply in Scotland.

Court Disposition

The third parties are entitled to rank pari passu with the other beneficiaries for the sum assigned; the English rule does not apply; the first and third questions answered in the negative, the second in the affirmative.

Orders

  • Third parties to rank pari passu with other beneficiaries for £1000 assigned.
  • No preferential ranking or exclusion of claim due to subsequent intromissions by assignor.