Curle's Trustees v. Millar and Others [1920] ScotLR 574 (28 May 1920)

Curle's Trustees v. Millar and Others [1920] ScotLR 574 (28 May 1920)

The survivorship clause in the trust-disposition and settlement applies literally to the circumstances, entitling the surviving child and her issue to the accreting share. The destination-over clause is confined to the event of children and their issue predeceasing the testator and does not override the express terms of the survivorship clause. There is no ambiguity or clear evidence of contrary intention to justify construing 'survivors' as 'others' or including issue of predeceasing children in the accreting share.

Citation
[1920] ScotLR 574
Parties
Pursuer: Curle's Trustees; Claimant: Mrs Isabella Curle or Millar; Claimant: Mrs Jane Curle or Lamont's children; Deceased Beneficiary: Robert Barclay Curle
Jurisdiction
Scotland
Judgment Date
28 May 1920
Procedural Posture
Multiplepoinding / Inner House, First Division, Court of Session, Appeal Against Lord Ordinary's Interlocutor
Outcome
Interlocutor of Lord Ordinary recalled; trustees ranked and preferred in terms of Mrs Millar's claim.
Legal Topics
Construction of Testamentary Dispositions, Accretion, Interpretation of 'survivors', Destination Over Clauses
Succession Trusts Construction of Testamentary Dispositions Accretion Interpretation of 'survivors' Destination Over Clauses

Case Brief

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Parties

Curle's Trustees

Pursuer

Mrs Isabella Curle or Millar

Claimant

Mrs Jane Curle or Lamont's children

Claimant

Robert Barclay Curle

Deceased Beneficiary

Procedural Posture

Multiplepoinding / Inner House, First Division, Court of Session, Appeal Against Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether the issue of a predeceasing child are entitled to accreting shares under a survivorship clause in a trust-disposition and settlement
  2. 2 Whether the destination-over clause applies to the survivorship clause or only to the clause dealing with children predeceasing the testator

Ratio Decidendi

The survivorship clause in the trust-disposition and settlement applies literally to the circumstances, entitling the surviving child and her issue to the accreting share. The destination-over clause is confined to the event of children and their issue predeceasing the testator and does not override the express terms of the survivorship clause. There is no ambiguity or clear evidence of contrary intention to justify construing 'survivors' as 'others' or including issue of predeceasing children in the accreting share.

Court Disposition

Interlocutor of Lord Ordinary recalled; trustees ranked and preferred in terms of Mrs Millar's claim.

Orders

  • Trustees to hold and retain the accreting share for Mrs Millar in liferent and her issue in fee.
  • Claim of Mrs Lamont's children to the accreting share rejected.