Gollan's Trustees v. Booth [1901] ScotLR 38_762_1 (05 July 1901)

The heirs of the body of Mrs Humphreys cannot be ascertained until her death; trustees are bound to retain and accumulate the residue of the estate until that event; immediate payment cannot be ordered.

Citation: [1901] ScotLR 38_762_1
Parties: Second Parties (respondents): Gollan's Trustees; Third Parties (applicants): Mrs Humphrey's sons; First Parties: Trustees under trust-disposition and assignation by testator's father and the testator
Jurisdiction: Scotland
Judgment Date: 05 July 1901
Procedural Posture: Special Case / Judgment
Outcome: Application denied; question answered in the negative.
Legal Topics: Destination to Heirs of the Body, Period of Ascertainment of Class, Trust Accumulation, Presumption of Age of Child Bearing

Succession Trusts Destination to Heirs of the Body Period of Ascertainment of Class Trust Accumulation Presumption of Age of Child Bearing

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Parties

Gollan's Trustees

Second Parties (respondents)

Mrs Humphrey's sons

Third Parties (applicants)

Trustees under trust-disposition and assignation by testator's father and the testator

First Parties

Procedural Posture

Special Case / Judgment

Legal Issues

1 Whether the heirs of the body of Mrs Humphreys are entitled to immediate payment of the residue of the estate
2 Whether the class of heirs can be ascertained before Mrs Humphreys' death
3 Whether trustees are bound to retain and accumulate the residue until Mrs Humphreys' death

Ratio Decidendi

Court Disposition

Application denied; question answered in the negative.

Orders

Trustees to retain and accumulate residue of estate until death of Mrs Humphreys.