Dempster's Trustees v. Dempster [1921] ScotLR 297 (22 January 1921)

Dempster's Trustees v. Dempster [1921] ScotLR 297 (22 January 1921)

The absence of a continuing trust and the broad direction to purchase an alimentary annuity entitles the beneficiaries to immediate payment of the capital sum, as the trust does not restrict their right to claim the capital.

Source-derived case information.

Citation
[1921] ScotLR 297
Parties
First Parties: James Dempster and others, testamentary trustees of the late Mrs Jessie Grant or Dempster; Second Parties: Margaret Marshall Dempster, Mary Aitken Dempster or Sharpe, and Annie Mitchell Dempster
Jurisdiction
Scotland
Judgment Date
22 January 1921
Procedural Posture
Special Case / Opinion and Judgment of the Court
Outcome
First question answered in the negative; second question answered in the affirmative.
Legal Topics
Direction to Purchase Alimentary Annuity, Absence of Provision for Continuing Trust, Right of Beneficiaries to Payment of Capital
Succession Trust Direction to Purchase Alimentary Annuity Absence of Provision for Continuing Trust Right of Beneficiaries to Payment of Capital

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Parties

James Dempster and others, testamentary trustees of the late Mrs Jessie Grant or Dempster

First Parties

Margaret Marshall Dempster, Mary Aitken Dempster or Sharpe, and Annie Mitchell Dempster

Second Parties

Procedural Posture

Special Case / Opinion and Judgment of the Court

Legal Issues

  1. 1 Are trustees bound to purchase an annuity as directed in the trust-disposition and settlement?
  2. 2 Are beneficiaries entitled to immediate payment of the capital sum?

Ratio Decidendi

The absence of a continuing trust and the broad direction to purchase an alimentary annuity entitles the beneficiaries to immediate payment of the capital sum, as the trust does not restrict their right to claim the capital.

Court Disposition

First question answered in the negative; second question answered in the affirmative.

Orders

  • Beneficiaries are entitled to immediate payment of the capital sum (£5050).