M'Caig v. Glasgow University and Others [1906] ScotLR 44_198 (18 December 1906)

M'Caig v. Glasgow University and Others [1906] ScotLR 44_198 (18 December 1906)

The trust created by the will and codicil is ineffectual to dispose of the estate except as to the annuities, because it creates no beneficial interest in any person, class, or the public; the heir-at-law is not divested by a trust for purposes that are whimsical, non-beneficial, and incapable of enforcement by any beneficiary; Scottish law requires beneficial disposal to exclude the heir.

Citation
[1906] ScotLR 44_198
Parties
Pursuer (plaintiff) and Heir at Law: Catherine M'Caig; Defender (respondent) and Accepting Trustee: University of Glasgow; Defenders (respondents): Other Trustees (including pursuer as sole surviving trustee)
Jurisdiction
Scotland
Judgment Date
18 December 1906
Procedural Posture
Civil (succession/trust) / Appeal (reclaiming Motion) From Lord Ordinary to Inner House, Second Division
Outcome
Appeal allowed; trust settlement and codicil held ineffectual except as to annuities; heir-at-law entitled to estate.
Legal Topics
Disinherison of Heir, Validity of Testamentary Trust, Public Policy and Perpetuities, Beneficial Interest Requirement, Certainty of Trust Purposes
Succession Trusts Property Law Disinherison of Heir Validity of Testamentary Trust Public Policy and Perpetuities Beneficial Interest Requirement Certainty of Trust Purposes

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Parties

Catherine M'Caig

Pursuer (plaintiff) and Heir at Law

University of Glasgow

Defender (respondent) and Accepting Trustee

Other Trustees (including pursuer as sole surviving trustee)

Defenders (respondents)

Procedural Posture

Civil (succession/trust) / Appeal (reclaiming Motion) From Lord Ordinary to Inner House, Second Division

Legal Issues

  1. 1 Whether the testamentary trust created by John Stuart M'Caig's will and codicil is valid and effectual to dispose of his estate except as to certain annuities
  2. 2 Whether the trust purposes are void for uncertainty or as contrary to public policy
  3. 3 Whether the heir-at-law is divested by a trust that creates no beneficial interest in any person or the public

Ratio Decidendi

The trust created by the will and codicil is ineffectual to dispose of the estate except as to the annuities, because it creates no beneficial interest in any person, class, or the public; the heir-at-law is not divested by a trust for purposes that are whimsical, non-beneficial, and incapable of enforcement by any beneficiary; Scottish law requires beneficial disposal to exclude the heir.

Court Disposition

Appeal allowed; trust settlement and codicil held ineffectual except as to annuities; heir-at-law entitled to estate.

Orders

  • Declare the will and codicil ineffectual to dispose of the estate except as to annuities for surviving siblings.
  • Order conveyance of the estate to the pursuer as heir-at-law, subject to payment of debts, deathbed expenses, and annuities.