Scott's Trustees v. Bruce and Others [1911] ScotLR 81 (16 November 1911)

Scott's Trustees v. Bruce and Others [1911] ScotLR 81 (16 November 1911)

The marriage-contract trust did not fail; the intention of the truster was that, upon the death of the survivor of the spouses, there being no issue, the settled sum should revert to the settlor or his other children. Mrs Bruce was not entitled to the fee of the £10,000 or her one-third share of residue absolutely. The Special Case was competent only to the extent of determining Mrs Bruce's claim to immediate payment, which was negatived.

Citation
[1911] ScotLR 81
Parties
Second Party (liferentrix, Widow of John Bruce): Mrs Mary Dalziel Scott or Bruce; First Parties (trustees of Settlor): Trustees acting under the trust-disposition and settlement of Ralph Erskine Scott; Third Parties (marriage Contract Trustees): Trustees acting under the antenuptial contract of marriage between John Bruce and Mrs Mary Dalziel Scott or Bruce; Fourth Parties: Trustees acting under the trust-disposition and settlement and deeds of apportionment and direction by Ebenezer Erskine Scott; Fifth Party: Trustee acting under the trust-disposition and settlement of Miss Christian Scott; Sixth Parties: Surviving daughters of Ebenezer Erskine Scott and testamentary trustees of his deceased son; Seventh Parties: Grandchildren of Ebenezer Erskine Scott existing at the date of the Special Case
Jurisdiction
Scotland
Judgment Date
16 November 1911
Procedural Posture
Special Case (court of Session, Inner House, First Division) / Judgment on Construction of Trust and Marriage Contract
Outcome
Mrs Bruce's claim to immediate payment was refused; the marriage-contract trust was held not to have failed; the Special Case was only competent to the extent of determining her claim; all parties were found entitled to expenses out of the testamentary estate.
Legal Topics
Construction of Trusts, Marriage Contract Interpretation, Failure of Trust Purpose, Vesting of Interests, Competency of Special Case
Trusts and Estates Family Law Construction of Trusts Marriage Contract Interpretation Failure of Trust Purpose Vesting of Interests Competency of Special Case

Case Brief

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Parties

Mrs Mary Dalziel Scott or Bruce

Second Party (liferentrix, Widow of John Bruce)

Trustees acting under the trust-disposition and settlement of Ralph Erskine Scott

First Parties (trustees of Settlor)

Trustees acting under the antenuptial contract of marriage between John Bruce and Mrs Mary Dalziel Scott or Bruce

Third Parties (marriage Contract Trustees)

Trustees acting under the trust-disposition and settlement and deeds of apportionment and direction by Ebenezer Erskine Scott

Fourth Parties

Trustee acting under the trust-disposition and settlement of Miss Christian Scott

Fifth Party

Surviving daughters of Ebenezer Erskine Scott and testamentary trustees of his deceased son

Sixth Parties

Grandchildren of Ebenezer Erskine Scott existing at the date of the Special Case

Seventh Parties

Procedural Posture

Special Case (court of Session, Inner House, First Division) / Judgment on Construction of Trust and Marriage Contract

Legal Issues

  1. 1 Whether the antenuptial contract of marriage effectually disposed of the fee of the £10,000 trust fund in the events that occurred
  2. 2 Whether the fee of the £10,000 vested on the death of John Bruce or is postponed until the death of Mrs Bruce
  3. 3 Whether the fee of the £10,000, if not disposed of, falls to Mrs Bruce, the residue, or intestacy

Ratio Decidendi

The marriage-contract trust did not fail; the intention of the truster was that, upon the death of the survivor of the spouses, there being no issue, the settled sum should revert to the settlor or his other children. Mrs Bruce was not entitled to the fee of the £10,000 or her one-third share of residue absolutely. The Special Case was competent only to the extent of determining Mrs Bruce's claim to immediate payment, which was negatived.

Court Disposition

Mrs Bruce's claim to immediate payment was refused; the marriage-contract trust was held not to have failed; the Special Case was only competent to the extent of determining her claim; all parties were found entitled to expenses out of the testamentary estate.

Orders

  • Answer the first question of law in the affirmative.
  • Answer the first branch of the fourth question in the negative.