Chalmers' Trustee v. Thomson and Others [1922] ScotLR 159 (22 December 1922)

Chalmers' Trustee v. Thomson and Others [1922] ScotLR 159 (22 December 1922)

The destination in the feu-disposition was contractual and could not be defeated by Anne Chalmers' will; Charlotte Susan Chalmers, as survivor, was entitled to the whole property. However, since Charlotte enjoyed the liferent under the will for over twenty years, her representatives could not now claim under the feudal title without making equitable compensation to the testamentary estate. As the value of the liferent exceeded the property value, the claim by Mrs Littledale's trustees failed, and George Leslie Thomson's executrix was entitled to the fund in medio.

Citation
[1922] ScotLR 159
Parties
Pursuer and Real Raiser: David Montague Alexander Chalmers (Chalmers' Trustee); Defender/claimant (reclaimer): George Leslie Thomson (represented by Mrs Elizabeth Hay Will or Thomson, executrix); Defenders/claimants (respondents): Mrs Edith Harriet Annie Simpson or Littledale, and Archibald Foote Simpson and others, trustees under marriage contract of Lieutenant Littledale and Mrs Littledale
Jurisdiction
Scotland
Judgment Date
22 December 1922
Procedural Posture
Multiplepoinding and Exoneration / Inner House Appeal (reclaiming Note) From Lord Ordinary
Outcome
Interlocutor of Lord Ordinary recalled; claim of Mrs Thomson as executrix-nominate of George Leslie Thomson sustained; she is ranked and preferred to the whole fund in medio.
Legal Topics
Destination in Feu Disposition, Contractual Vs Testamentary Destination, Approbate and Reprobate, Equitable Compensation, Election by Beneficiary, Feudal Title Succession
Succession Property Law Trusts and Estates Destination in Feu Disposition Contractual Vs Testamentary Destination Approbate and Reprobate Equitable Compensation Election by Beneficiary +1 more

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Parties

David Montague Alexander Chalmers (Chalmers' Trustee)

Pursuer and Real Raiser

George Leslie Thomson (represented by Mrs Elizabeth Hay Will or Thomson, executrix)

Defender/claimant (reclaimer)

Mrs Edith Harriet Annie Simpson or Littledale, and Archibald Foote Simpson and others, trustees under marriage contract of Lieutenant Littledale and Mrs Littledale

Defenders/claimants (respondents)

Procedural Posture

Multiplepoinding and Exoneration / Inner House Appeal (reclaiming Note) From Lord Ordinary

Legal Issues

  1. 1 Whether the destination in the feu-disposition to two sisters was contractual or testamentary and could be defeated by will
  2. 2 Whether the surviving sister took a liferent or fee in the property under the will
  3. 3 Whether a beneficiary who enjoyed a liferent under a will but later claims under the feudal title must compensate the testamentary estate

Ratio Decidendi

The destination in the feu-disposition was contractual and could not be defeated by Anne Chalmers' will; Charlotte Susan Chalmers, as survivor, was entitled to the whole property. However, since Charlotte enjoyed the liferent under the will for over twenty years, her representatives could not now claim under the feudal title without making equitable compensation to the testamentary estate. As the value of the liferent exceeded the property value, the claim by Mrs Littledale's trustees failed, and George Leslie Thomson's executrix was entitled to the fund in medio.

Court Disposition

Interlocutor of Lord Ordinary recalled; claim of Mrs Thomson as executrix-nominate of George Leslie Thomson sustained; she is ranked and preferred to the whole fund in medio.

Orders

  • Recall the interlocutor of the Lord Ordinary
  • Sustain the claim by Mrs Thomson as amended