M'Clymont's Trustees Petitioners [1922] ScotLR 397 (16 May 1922)

Trustees who are beneficiaries in fee under a trust settlement but are not entitled to possession of the property for their own absolute use cannot use the summary statutory method under section 24 of the Trusts (Scotland) Act 1921 to complete title to trust property.

Citation: [1922] ScotLR 397
Parties: Petitioners: William M'Creath and others, trustees under The M'Clymont Trust
Jurisdiction: Scotland
Judgment Date: 16 May 1922
Procedural Posture: Petition for Authority to Complete Title / Reclaiming Note (appeal) Against Refusal of Petition
Outcome: Petition refused; reclaiming note refused.
Legal Topics: Completion of Title Under Lapsed Trust, Interpretation of Trusts (scotland) Act 1921 Section 24

Trusts and Estates Property Law Completion of Title Under Lapsed Trust Interpretation of Trusts (scotland) Act 1921 Section 24

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Parties

William M'Creath and others, trustees under The M'Clymont Trust

Petitioners

Procedural Posture

Petition for Authority to Complete Title / Reclaiming Note (appeal) Against Refusal of Petition

Legal Issues

1 Whether trustees who are ultimate beneficiaries under a lapsed trust are entitled to complete title under section 24 of the Trusts (Scotland) Act 1921

Ratio Decidendi

Court Disposition

Petition refused; reclaiming note refused.

Orders

Authority to complete title under section 24 of the Trusts (Scotland) Act 1921 refused to petitioners.