Brown's Trustees v. Gregson [1915] ScotLR 80 (12 November 1915)

Brown's Trustees v. Gregson [1915] ScotLR 80 (12 November 1915)

The forfeiture by Mrs Gregson of her liferent under the will and codicil does not cause forfeiture by her children of the bequest of capital in their favour, as their interest is separate and independent. The income of Mrs Gregson's share during her lifetime, after her repudiation, is carried by the destination in the forfeiture clause to the testator's other children, as the direction to accumulate never became operative.

Citation
[1915] ScotLR 80
Parties
First Parties: Robert Charles Brown of Sundaywell and others (Brown's Trustees); Second Parties: Anita Mary Angelica Latham Gregson (minor), Edith Mary Evelyn Gelson Gregson (minor), William Brice Gregson (curator/tutor-at-law); Third Parties: Christina Isabella Brown, Robert Charles Brown, Elizabeth Beatrice Brown or Maclachlan, Jane Rosalind Dudgeon Brown or Davidson, James Austin Brown, Oswald Stanley Brown
Jurisdiction
Scotland
Judgment Date
12 November 1915
Procedural Posture
Special Case / Court of Session Inner House First Division, Final Judgment
Outcome
First question of law answered in the negative; branch (a) of third question answered in the affirmative; remaining questions superseded.
Legal Topics
Election, Legitim, Will and Codicil, Forfeiture Clause, Accretion
Succession Trusts and Estates Election Legitim Will and Codicil Forfeiture Clause Accretion

Case Brief

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Parties

Robert Charles Brown of Sundaywell and others (Brown's Trustees)

First Parties

Anita Mary Angelica Latham Gregson (minor), Edith Mary Evelyn Gelson Gregson (minor), William Brice Gregson (curator/tutor-at-law)

Second Parties

Christina Isabella Brown, Robert Charles Brown, Elizabeth Beatrice Brown or Maclachlan, Jane Rosalind Dudgeon Brown or Davidson, James Austin Brown, Oswald Stanley Brown

Third Parties

Procedural Posture

Special Case / Court of Session Inner House First Division, Final Judgment

Legal Issues

  1. 1 Does a parent's election to claim legitim under a will with a forfeiture clause cause forfeiture of bequests to her children?
  2. 2 What is the effect of repudiation of liferent on the gift of fee to children?
  3. 3 How should the income of the share be disposed during the parent's lifetime after repudiation?

Ratio Decidendi

The forfeiture by Mrs Gregson of her liferent under the will and codicil does not cause forfeiture by her children of the bequest of capital in their favour, as their interest is separate and independent. The income of Mrs Gregson's share during her lifetime, after her repudiation, is carried by the destination in the forfeiture clause to the testator's other children, as the direction to accumulate never became operative.

Court Disposition

First question of law answered in the negative; branch (a) of third question answered in the affirmative; remaining questions superseded.

Orders

  • Find all parties entitled to their expenses out of the general trust estate.
  • Remit to proceed accordingly.