Thomson's Trustee v. Allan [1908] ScotLR 358 (24 January 1908)

Thomson's Trustee v. Allan [1908] ScotLR 358 (24 January 1908)

The conditional bequest to Jane Black or Allan under the sixth purpose was not a family provision but a personal legacy, and the testatrix had expressly considered the relevant contingencies; therefore, the conditio si institutus sine liberis decesserit did not apply, and the share lapsed and fell into residue.

Citation
[1908] ScotLR 358
Parties
Trustee/pursuer: Donald Stewart Campbell; Claimant/reclaimer: Stephen Strachan Allan; Respondents/claimants: James Macaulay and Donald Campbell, trustees of John Thomson and others
Jurisdiction
Scotland
Judgment Date
24 January 1908
Procedural Posture
Action of Multiplepoinding / Appeal From Lord Ordinary's Interlocutor
Outcome
Appeal dismissed; interlocutor of Lord Ordinary affirmed.
Legal Topics
Conditio Si Institutus Sine Liberis Decesserit, Family Provision, Lapsed Legacies, Residue Distribution
Succession Trusts Conditio Si Institutus Sine Liberis Decesserit Family Provision Lapsed Legacies Residue Distribution

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Parties

Donald Stewart Campbell

Trustee/pursuer

Stephen Strachan Allan

Claimant/reclaimer

James Macaulay and Donald Campbell, trustees of John Thomson and others

Respondents/claimants

Procedural Posture

Action of Multiplepoinding / Appeal From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Does the conditio si institutus sine liberis decesserit apply to the conditional bequest to Jane Black or Allan under the sixth purpose of Mrs Thomson's will?
  2. 2 Is the bequest to Jane Black or Allan a family provision or a personal legacy?

Ratio Decidendi

The conditional bequest to Jane Black or Allan under the sixth purpose was not a family provision but a personal legacy, and the testatrix had expressly considered the relevant contingencies; therefore, the conditio si institutus sine liberis decesserit did not apply, and the share lapsed and fell into residue.

Court Disposition

Appeal dismissed; interlocutor of Lord Ordinary affirmed.

Orders

  • Repelled the first alternative claim for Stephen Strachan Allan under the conditio.
  • Ranked and preferred Stephen Strachan Allan on the fund in medio in terms of his second alternative claim as residuary legatee.