M'Conochie's Trustees v. M'Conochie and Others [1912] ScotLR 522 (07 March 1912)

M'Conochie's Trustees v. M'Conochie and Others [1912] ScotLR 522 (07 March 1912)

There was no express or implied direction to convert the heritable estate beyond what was necessary for the execution of the operative trust purposes; therefore, the lapsed residue must be apportioned between the heir in heritage and the heirs in mobilibus in the proportions which the heritable and moveable estate bore to the total value of the estate at the testator's death.

Citation
[1912] ScotLR 522
Parties
Pursuers and Real Raisers: Lachlan Mackinnon and another, Trustees of George Charles M'Conochie; Claimant (reclaimer), Heir in Heritage of James Robert M'conochie: Alexander Grant M'Conochie; Claimants (respondents), Heirs in Mobilibus of James Robert M'conochie and His Wife: Donald James Robert M'Conochie, David Welsh, and Marion Welsh
Jurisdiction
Scotland
Judgment Date
07 March 1912
Procedural Posture
Multiplepoinding and Exoneration / Inner House Appeal From Lord Ordinary
Outcome
Lord Ordinary's interlocutor recalled; residue to be divided between heir in heritage and heirs in mobilibus in proportions of heritable and moveable estate at testator's death; case remitted for further procedure.
Legal Topics
Constructive Conversion, Resulting Intestacy, Heritable and Moveable Property, Trust Administration, Distribution of Lapsed Residue
Succession Trusts and Estates Constructive Conversion Resulting Intestacy Heritable and Moveable Property Trust Administration Distribution of Lapsed Residue

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Parties

Lachlan Mackinnon and another, Trustees of George Charles M'Conochie

Pursuers and Real Raisers

Alexander Grant M'Conochie

Claimant (reclaimer), Heir in Heritage of James Robert M'conochie

Donald James Robert M'Conochie, David Welsh, and Marion Welsh

Claimants (respondents), Heirs in Mobilibus of James Robert M'conochie and His Wife

Procedural Posture

Multiplepoinding and Exoneration / Inner House Appeal From Lord Ordinary

Legal Issues

  1. 1 Whether there was an implied direction to convert heritable estate into moveables for the purposes of intestate succession to the lapsed residue
  2. 2 How the lapsed residue of the trust estate should be apportioned between the heir in heritage and the heirs in mobilibus of the testator's brother

Ratio Decidendi

There was no express or implied direction to convert the heritable estate beyond what was necessary for the execution of the operative trust purposes; therefore, the lapsed residue must be apportioned between the heir in heritage and the heirs in mobilibus in the proportions which the heritable and moveable estate bore to the total value of the estate at the testator's death.

Court Disposition

Lord Ordinary's interlocutor recalled; residue to be divided between heir in heritage and heirs in mobilibus in proportions of heritable and moveable estate at testator's death; case remitted for further procedure.

Orders

  • Recall of Lord Ordinary's interlocutor
  • Apportionment of residue between heir in heritage and heirs in mobilibus according to proportions at testator's death