Lumsden's Trustees v. Lumsden [1917] ScotLR 488 (13 June 1917)

Lumsden's Trustees v. Lumsden [1917] ScotLR 488 (13 June 1917)

Trustees are bound to execute a disposition of the landed estates in favour of the respondent and the series of heirs-substitute specified in the testator's settlement, containing all provisions and burdens except those for a strict entail and those rendered null and void by section 2 of the Entail (Scotland) Act 1914.

Citation
[1917] ScotLR 488
Parties
First Parties (applicants): Mrs Maria Magdalena Gordon or Lumsden and others (testamentary trustees of Hugh Gordon Lumsden); Second Party (respondent): Hugh Patrick Henry Lumsden (elder son of Hugh Gordon Lumsden)
Jurisdiction
Scotland
Judgment Date
13 June 1917
Procedural Posture
Special Case (court of Session, Inner House, First Division) / Judgment on Questions of Law Regarding Effect of Entail (scotland) Act 1914 on Testamentary Directions
Outcome
Second question of law (as amended) answered in the affirmative.
Legal Topics
Entail, Testamentary Trusts, Statutory Interpretation, Effect of Entail (scotland) Act 1914
Succession Property Law Entail Testamentary Trusts Statutory Interpretation Effect of Entail (scotland) Act 1914

Case Brief

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Parties

Mrs Maria Magdalena Gordon or Lumsden and others (testamentary trustees of Hugh Gordon Lumsden)

First Parties (applicants)

Hugh Patrick Henry Lumsden (elder son of Hugh Gordon Lumsden)

Second Party (respondent)

Procedural Posture

Special Case (court of Session, Inner House, First Division) / Judgment on Questions of Law Regarding Effect of Entail (scotland) Act 1914 on Testamentary Directions

Legal Issues

  1. 1 Whether trustees are bound to execute a deed of strict entail as directed by the testator after the Entail (Scotland) Act 1914
  2. 2 Whether such a deed must omit provisions rendered null and void by the Act
  3. 3 Whether the trustees must instead execute a disposition in favour of the heir and heirs-substitute omitting strict entail provisions

Ratio Decidendi

Trustees are bound to execute a disposition of the landed estates in favour of the respondent and the series of heirs-substitute specified in the testator's settlement, containing all provisions and burdens except those for a strict entail and those rendered null and void by section 2 of the Entail (Scotland) Act 1914.

Court Disposition

Second question of law (as amended) answered in the affirmative.

Orders

  • Trustees to execute a disposition of the landed estates in favour of the respondent and the series of heirs-substitute, containing all provisions and burdens except those for a strict entail and those rendered null and void by section 2 of the Entail (Scotland) Act 1914.