Farmer's Trustees v. Farmer [1917] ScotLR 323 (27 February 1917)

Farmer's Trustees v. Farmer [1917] ScotLR 323 (27 February 1917)

The investments and settlement formed one scheme of disposal; children must elect between legitim and their conventional provisions; the bequest of residue was not a special legacy but a true residue; legitim is payable first from the residue, not from specially destined investments.

Citation
[1917] ScotLR 323
Parties
First Parties (trustees Under the Trust Disposition and Settlement of the Deceased George Honeyman Farmer): Farmer's Trustees; Second Parties: Five of the six children of the testator who survived him; Third Party: The testator's widow
Jurisdiction
Scotland
Judgment Date
27 February 1917
Procedural Posture
Special Case (court of Session, Inner House, Extra Division) / Judgment on Questions of Law Regarding Succession and Distribution of Estate
Outcome
Questions of law answered: investments belonged to the widow by special destination; children must elect between legitim and testamentary provisions; legitim payable from residue, not from specially destined investments.
Legal Topics
Election, Legitim, Approbate and Reprobate, Special Destinations, General Settlement, Order of Preference for Payment of Legitim, Residue
Succession Law Trusts and Estates Election Legitim Approbate and Reprobate Special Destinations General Settlement Order of Preference for Payment of Legitim +1 more

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Parties

Farmer's Trustees

First Parties (trustees Under the Trust Disposition and Settlement of the Deceased George Honeyman Farmer)

Five of the six children of the testator who survived him

Second Parties

The testator's widow

Third Party

Procedural Posture

Special Case (court of Session, Inner House, Extra Division) / Judgment on Questions of Law Regarding Succession and Distribution of Estate

Legal Issues

  1. 1 Whether investments with special destinations belonged to the widow or formed part of the trust estate
  2. 2 Whether children could claim both legitim and testamentary provisions
  3. 3 Whether legitim was payable from residue or required proportional contribution from specially destined investments

Ratio Decidendi

The investments and settlement formed one scheme of disposal; children must elect between legitim and their conventional provisions; the bequest of residue was not a special legacy but a true residue; legitim is payable first from the residue, not from specially destined investments.

Court Disposition

Questions of law answered: investments belonged to the widow by special destination; children must elect between legitim and testamentary provisions; legitim payable from residue, not from specially destined investments.

Orders

  • All investments enumerated in the appendix belonged to the widow in virtue of special destinations.
  • None of these investments formed part of the trust estate to be administered by the trustees.