Jacks' Trustees and Others v. Jacks and Others [1913] ScotLR 536 (18 March 1913)

Jacks' Trustees and Others v. Jacks and Others [1913] ScotLR 536 (18 March 1913)

Where a widow elects to take her legal rights and the will expressly provides that testamentary provisions are in full satisfaction of such rights, she forfeits the testamentary benefits and cannot exercise powers under the will, including the power to accelerate payment of legacies. Legacies absolutely vested in the legatees may be paid immediately if the liferent is surrendered, but contingent legacies or those with survivorship/destination over do not vest or become payable until the widow's death. The University legacy, being conditional on no chair being endowed before the death of the survivor, cannot be paid before the widow's death.

Citation
[1913] ScotLR 536
Parties
First Parties (testamentary Trustees): Jacks' Trustees and Others; Second Party (widow of William Jacks): Mrs Jacks (M. F. Stiven or Jacks); Third Parties (conditional Legatees): Mrs E. Jones or Jacks and others; Fourth Parties: Glasgow University Court; Fifth Parties (non Contingent Legatees): William Wight and others; Sixth Parties (issue of Conditional Legatees): Richard Jacks junior and others
Jurisdiction
Scotland
Judgment Date
18 March 1913
Procedural Posture
Special Case (court of Session, First Division) / Judgment on Stated Case
Outcome
Partly in favour of the trustees and partly in favour of certain legatees; declaration of rights as to vesting and payment of legacies.
Legal Topics
Election, Forfeiture, Equitable Compensation, Vesting of Legacies, Acceleration of Payment, Approbate and Reprobate
Succession Trusts and Estates Election Forfeiture Equitable Compensation Vesting of Legacies Acceleration of Payment Approbate and Reprobate

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Jacks' Trustees and Others

First Parties (testamentary Trustees)

Mrs Jacks (M. F. Stiven or Jacks)

Second Party (widow of William Jacks)

Mrs E. Jones or Jacks and others

Third Parties (conditional Legatees)

Glasgow University Court

Fourth Parties

William Wight and others

Fifth Parties (non Contingent Legatees)

Richard Jacks junior and others

Sixth Parties (issue of Conditional Legatees)

Procedural Posture

Special Case (court of Session, First Division) / Judgment on Stated Case

Legal Issues

  1. 1 Whether a widow who elects to claim her legal rights and surrenders testamentary provisions forfeits those provisions absolutely or only to the extent necessary for equitable compensation to other beneficiaries; Whether legacies under the will vest and become payable immediately upon surrender of the widow's liferent or only upon her death; Whether the widow can exercise the power of anticipation after electing her legal rights; Whether the University legacy can be paid before the widow's death.

Ratio Decidendi

Where a widow elects to take her legal rights and the will expressly provides that testamentary provisions are in full satisfaction of such rights, she forfeits the testamentary benefits and cannot exercise powers under the will, including the power to accelerate payment of legacies. Legacies absolutely vested in the legatees may be paid immediately if the liferent is surrendered, but contingent legacies or those with survivorship/destination over do not vest or become payable until the widow's death. The University legacy, being conditional on no chair being endowed before the death of the survivor, cannot be paid before the widow's death.

Court Disposition

Partly in favour of the trustees and partly in favour of certain legatees; declaration of rights as to vesting and payment of legacies.

Orders

  • Legacies absolutely vested in individual legatees may be paid immediately, subject to the trustees retaining sufficient funds to meet all other provisions of the will.
  • Contingent legacies or those with survivorship/destination over are not payable until the widow's death.