Chivas' Trustees v. Chivas' Trustees [1906] ScotLR 44_15 (27 October 1906)

Chivas' Trustees v. Chivas' Trustees [1906] ScotLR 44_15 (27 October 1906)

The widow's power of bequest extended to the whole sum of £20,000 set aside by the trustees to secure her annuity, as the trustees acted in good faith and the amount was not so excessive as to indicate unreasonable discretion.

Citation
[1906] ScotLR 44_15
Parties
First Parties (testator's Trustees): Chivas' Trustees; Second Parties (objectors to Extent of Bequest): Chivas' Trustees (Second Parties); Third Parties (supporters of Full Bequest): Chivas' Trustees (Third Parties)
Jurisdiction
Scotland
Judgment Date
27 October 1906
Procedural Posture
Special Case (succession) / Judgment on Construction of Testamentary Power of Bequest
Outcome
Question answered in the affirmative; power of bequest extended to full £20,000.
Legal Topics
Construction of Testamentary Powers, Bequest of Annuity Capital, Trustee Discretion in Setting Aside Capital
Succession Trusts and Estates Construction of Testamentary Powers Bequest of Annuity Capital Trustee Discretion in Setting Aside Capital

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Parties

Chivas' Trustees

First Parties (testator's Trustees)

Chivas' Trustees (Second Parties)

Second Parties (objectors to Extent of Bequest)

Chivas' Trustees (Third Parties)

Third Parties (supporters of Full Bequest)

Procedural Posture

Special Case (succession) / Judgment on Construction of Testamentary Power of Bequest

Legal Issues

  1. 1 Whether the widow's power of bequest extended to the entire capital sum (£20,000) set aside by trustees to secure her annuity, or only to the portion reasonably sufficient after accounting for heritable income

Ratio Decidendi

The widow's power of bequest extended to the whole sum of £20,000 set aside by the trustees to secure her annuity, as the trustees acted in good faith and the amount was not so excessive as to indicate unreasonable discretion.

Court Disposition

Question answered in the affirmative; power of bequest extended to full £20,000.

Orders

  • The widow's bequest of the £20,000 capital sum is valid and effective.