Burns' Trustees v. Burns [1916] ScotLR 111 (28 November 1916)

Burns' Trustees v. Burns [1916] ScotLR 111 (28 November 1916)

The will's language clearly limited beneficiaries to lawful children of James Forsyth Burns actually born prior to the testator's death. Children legitimated after the testator's death and a child in utero at that date did not meet this qualification. The class of beneficiaries was fixed at the testator's death and could not be expanded by subsequent events or acts of third parties.

Citation
[1916] ScotLR 111
Parties
First Parties (trustees): Burns' Trustees; Second Parties (beneficiaries): James Forsyth Burns' children by first marriage (James Burns, Barbara Ferguson Burns, Margaret Forsyth Burns, David Burns); Third Parties (claimants): James Forsyth Burns' two eldest children by second marriage; Fourth Party (claimant): Widow of James Forsyth Burns as tutor of Bessie M'Millan Burns
Jurisdiction
Scotland
Judgment Date
28 November 1916
Procedural Posture
Special Case (construction of Will) / Judgment of Inner House, Court of Session
Outcome
Both questions of law answered in the negative; claim of third and fourth parties rejected.
Legal Topics
Construction of Wills, Legitimation Per Subsequens Matrimonium, Children in Utero, Class of Beneficiaries, Vesting of Interests
Succession Trusts and Estates Construction of Wills Legitimation Per Subsequens Matrimonium Children in Utero Class of Beneficiaries Vesting of Interests

Case Brief

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Parties

Burns' Trustees

First Parties (trustees)

James Forsyth Burns' children by first marriage (James Burns, Barbara Ferguson Burns, Margaret Forsyth Burns, David Burns)

Second Parties (beneficiaries)

James Forsyth Burns' two eldest children by second marriage

Third Parties (claimants)

Widow of James Forsyth Burns as tutor of Bessie M'Millan Burns

Fourth Party (claimant)

Procedural Posture

Special Case (construction of Will) / Judgment of Inner House, Court of Session

Legal Issues

  1. 1 Whether children legitimated after the testator's death are included as beneficiaries under the will
  2. 2 Whether a child in utero at the testator's death is included as a beneficiary

Ratio Decidendi

The will's language clearly limited beneficiaries to lawful children of James Forsyth Burns actually born prior to the testator's death. Children legitimated after the testator's death and a child in utero at that date did not meet this qualification. The class of beneficiaries was fixed at the testator's death and could not be expanded by subsequent events or acts of third parties.

Court Disposition

Both questions of law answered in the negative; claim of third and fourth parties rejected.

Orders

  • Third parties (children legitimated after testator's death) are not beneficiaries under the will.
  • Fourth party (child in utero at testator's death) is not a beneficiary under the will.