Smith's Trustees v. Smith's Trustees and Others [1908] ScotLR 19 (22 October 1908)

Smith's Trustees v. Smith's Trustees and Others [1908] ScotLR 19 (22 October 1908)

The bequest to Frederick Smith was contingent on his recovery of reason. As Frederick died without recovering, the bequest never took effect, and the portion of the estate set aside for him falls to be divided among the remaining children of the truster who survived him and their heirs, according to the original terms of the trust.

Citation
[1908] ScotLR 19
Parties
Pursuer/applicant: Smith's Trustees; Claimants/reclaimers: Smith's Trustees and Others (John Rae Smith's Trustees and Others); Claimants/respondents: William Fiddes Smith and Others
Jurisdiction
Scotland
Judgment Date
22 October 1908
Procedural Posture
Multiplepoinding and Exoneration / Inner House, First Division, on Reclaiming Motion (appeal)
Outcome
First and second findings of the Lord Ordinary recalled; new findings substituted as per the judgment.
Legal Topics
Construction of Testamentary Dispositions, Vesting of Contingent Bequests, Distribution of Trust Estate on Failure of Contingency
Succession Trusts Construction of Testamentary Dispositions Vesting of Contingent Bequests Distribution of Trust Estate on Failure of Contingency

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Parties

Smith's Trustees

Pursuer/applicant

Smith's Trustees and Others (John Rae Smith's Trustees and Others)

Claimants/reclaimers

William Fiddes Smith and Others

Claimants/respondents

Procedural Posture

Multiplepoinding and Exoneration / Inner House, First Division, on Reclaiming Motion (appeal)

Legal Issues

  1. 1 Whether the bequest to Frederick Smith vested in him prior to his death or remained contingent
  2. 2 How the portion of the estate set aside for Frederick Smith should be distributed upon his death without fulfilling the contingency

Ratio Decidendi

The bequest to Frederick Smith was contingent on his recovery of reason. As Frederick died without recovering, the bequest never took effect, and the portion of the estate set aside for him falls to be divided among the remaining children of the truster who survived him and their heirs, according to the original terms of the trust.

Court Disposition

First and second findings of the Lord Ordinary recalled; new findings substituted as per the judgment.

Orders

  • Find that the bequest to Frederick Smith was contingent on his recovery of reason and never took effect.
  • Order that the share of the residue of the personal or moveable estate and the heritable estate set aside for Frederick Smith falls to be divided among the remaining children of the truster who survived him and their heirs in moveables and assignees, subject to the contingency regarding Lewis Smith.