Salaman (Tod's Trustee) v. Tod and Others [1911] ScotLR 974 (17 July 1911)

Salaman (Tod's Trustee) v. Tod and Others [1911] ScotLR 974 (17 July 1911)

A contingent interest (spes successionis) under a Scottish settlement, being assignable by the bankrupt, is 'property' within the meaning of the Bankruptcy Act 1883 and vests in the English trustee in bankruptcy; Scottish courts must recognise and give effect to this statutory vesting, irrespective of the more restrictive Scottish bankruptcy rules.

Citation
[1911] ScotLR 974
Parties
Pursuer: Frederick Seymour Salaman (Tod's Trustee); Defender: William Tod; Defenders: Mrs Jessie Mary Ross (afterwards Tod, now Tattersall) and others, testamentary trustees of David Tod
Jurisdiction
Scotland
Judgment Date
17 July 1911
Procedural Posture
Action of Declarator / Inner House, First Division, Reclaiming Motion (appeal) From Lord Ordinary's Interlocutor
Outcome
Appeal allowed; Lord Ordinary's interlocutor recalled; decree of declarator granted to pursuer.
Legal Topics
Bankruptcy Trustee's Rights, Foreign Bankruptcy Orders, Spes Successionis, Assignability of Contingent Interests, Jurisdiction of Scottish Courts Over English Bankruptcy
Bankruptcy Private International Law Succession Bankruptcy Trustee's Rights Foreign Bankruptcy Orders Spes Successionis Assignability of Contingent Interests Jurisdiction of Scottish Courts Over English Bankruptcy

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Parties

Frederick Seymour Salaman (Tod's Trustee)

Pursuer

William Tod

Defender

Mrs Jessie Mary Ross (afterwards Tod, now Tattersall) and others, testamentary trustees of David Tod

Defenders

Procedural Posture

Action of Declarator / Inner House, First Division, Reclaiming Motion (appeal) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether a contingent interest (spes successionis) under a Scottish settlement vests in an English trustee in bankruptcy under the Bankruptcy Act 1883
  2. 2 Whether Scottish courts have jurisdiction to recognise and enforce the English trustee's claim to such property
  3. 3 Whether such an interest is 'property' within the meaning of the Bankruptcy Act 1883

Ratio Decidendi

A contingent interest (spes successionis) under a Scottish settlement, being assignable by the bankrupt, is 'property' within the meaning of the Bankruptcy Act 1883 and vests in the English trustee in bankruptcy; Scottish courts must recognise and give effect to this statutory vesting, irrespective of the more restrictive Scottish bankruptcy rules.

Court Disposition

Appeal allowed; Lord Ordinary's interlocutor recalled; decree of declarator granted to pursuer.

Orders

  • Interlocutor of Lord Ordinary recalled
  • Declarator granted that the whole right, title, and interest, present and future, absolute and contingent, of William Tod in and to the estate and succession of his father under the trust-disposition and settlement has vested in the pursuer as trustee in bankruptcy