Murray's Trustee v. Murray [1919] ScotLR 503 (26 June 1919)

Murray's Trustee v. Murray [1919] ScotLR 503 (26 June 1919)

There being no indication in the settlement to postpone payment beyond the death of the liferenter, the period of distribution arrived at that date, and the class of beneficiaries was fixed then; thus, the eldest son (in utero at the liferenter's death) was entitled to the whole residue to the exclusion of subsequently born children.

Citation
[1919] ScotLR 503
Parties
First Party (trustee): Alastair Dallas, W. S., Edinburgh, the sole acting testamentary trustee of the late James Murray; Second Party (on Behalf of Eldest Son): Lieutenant James Alexander Russel Murray, as tutor and administrator-in-law of his pupil son Patrick Jesse Alexander Russel Murray; Third Party (on Behalf of Other Children): Lieutenant Russel Murray as tutor and administrator-in-law of his other pupil children
Jurisdiction
Scotland
Judgment Date
26 June 1919
Procedural Posture
Special Case (trust/inheritance) / Judgment of Inner House, First Division
Outcome
First question of law answered in the affirmative; residue vested in Patrick Jesse Alexander Russel Murray to the exclusion of his siblings; other questions not answered.
Legal Topics
Construction of Testamentary Trusts, Bequest to a Class, Vesting of Interests, Ascertainment of Class Beneficiaries
Succession Trusts Wills and Estates Construction of Testamentary Trusts Bequest to a Class Vesting of Interests Ascertainment of Class Beneficiaries

Case Brief

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Parties

Alastair Dallas, W. S., Edinburgh, the sole acting testamentary trustee of the late James Murray

First Party (trustee)

Lieutenant James Alexander Russel Murray, as tutor and administrator-in-law of his pupil son Patrick Jesse Alexander Russel Murray

Second Party (on Behalf of Eldest Son)

Lieutenant Russel Murray as tutor and administrator-in-law of his other pupil children

Third Party (on Behalf of Other Children)

Procedural Posture

Special Case (trust/inheritance) / Judgment of Inner House, First Division

Legal Issues

  1. 1 Whether the residue of the estate vested in the eldest son of the nearest of kin to the exclusion of subsequently born children
  2. 2 Whether the class of beneficiaries remained open until the death of the parent or closed at the death of the liferenter
  3. 3 Whether the trustee was bound to retain the residue for all possible children or pay out to the eldest son

Ratio Decidendi

There being no indication in the settlement to postpone payment beyond the death of the liferenter, the period of distribution arrived at that date, and the class of beneficiaries was fixed then; thus, the eldest son (in utero at the liferenter's death) was entitled to the whole residue to the exclusion of subsequently born children.

Court Disposition

First question of law answered in the affirmative; residue vested in Patrick Jesse Alexander Russel Murray to the exclusion of his siblings; other questions not answered.

Orders

  • Residue of the estate to be paid to Patrick Jesse Alexander Russel Murray.