Train v. Buchanan's Trustees [1907] ScotLR 44_371 (05 February 1907)

Train v. Buchanan's Trustees [1907] ScotLR 44_371 (05 February 1907)

The trustees' discretion regarding payment of income to the beneficiary was absolute and not required to be exercised annually or by formal resolution; absent unreasonable or capricious conduct, the Court will not interfere or order payment of accrued income to the beneficiary or assignee.

Citation
[1907] ScotLR 44_371
Parties
Pursuer/respondent: Isabella Train; Defender/reclaimer: Alan Ernest Clapperton and others (Buchanan's Trustees)
Jurisdiction
Scotland
Judgment Date
05 February 1907
Procedural Posture
Action of Reduction, Count, Reckoning, and Payment / Inner House Appeal From Lord Ordinary
Outcome
Interlocutor of Lord Ordinary recalled; defenders assoilzied from all conclusions of the summons.
Legal Topics
Discretion of Trustees, Trustee Powers, Beneficiary Rights, Accumulation of Income
Succession Trusts Discretion of Trustees Trustee Powers Beneficiary Rights Accumulation of Income

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Parties

Isabella Train

Pursuer/respondent

Alan Ernest Clapperton and others (Buchanan's Trustees)

Defender/reclaimer

Procedural Posture

Action of Reduction, Count, Reckoning, and Payment / Inner House Appeal From Lord Ordinary

Legal Issues

  1. 1 Whether trustees must annually exercise discretion as to income payment to beneficiary
  2. 2 Whether beneficiary or assignee is entitled to whole accrued income absent trustee decision
  3. 3 Scope and exercise of trustee discretion under will

Ratio Decidendi

The trustees' discretion regarding payment of income to the beneficiary was absolute and not required to be exercised annually or by formal resolution; absent unreasonable or capricious conduct, the Court will not interfere or order payment of accrued income to the beneficiary or assignee.

Court Disposition

Interlocutor of Lord Ordinary recalled; defenders assoilzied from all conclusions of the summons.

Orders

  • No decree for payment of accrued income to pursuer; trustees retain discretion over income.