Pringle's Trustees, Petitioners [1912] ScotLR 74 (19 November 1912)

Pringle's Trustees, Petitioners [1912] ScotLR 74 (19 November 1912)

The power of appointment under the marriage settlement was validly exercised by the agreement of 25th October 1897, which appointed a liferent in part of the trust funds to Claude Pringle and the capital to Countess Basta or her heirs. Such an appointment is within the scope of the power, as the law permits division among children in such shares and proportions as the donee may appoint, including the grant of a liferent to one and the fee to another.

Citation
[1912] ScotLR 74
Parties
Petitioners: Pringle's Trustees; Defender: Claude Mark Elliot Pringle (via Guardian ad litem); Defenders: Count Basta's pupil children (via Guardian ad litem); Defender: Administrator of Countess Basta
Jurisdiction
Scotland
Judgment Date
19 November 1912
Procedural Posture
Petition for Opinion (remitted From Chancery Division, High Court of Justice, England) / Opinion of the Inner House, First Division, Court of Session
Outcome
Petition sustained; questions answered in the affirmative.
Legal Topics
Exercise of Power of Appointment, Validity of Liferent Appointment, Marriage Settlement, Division Among Issue
Succession Trusts and Estates Exercise of Power of Appointment Validity of Liferent Appointment Marriage Settlement Division Among Issue

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Parties

Pringle's Trustees

Petitioners

Claude Mark Elliot Pringle (via Guardian ad litem)

Defender

Count Basta's pupil children (via Guardian ad litem)

Defenders

Administrator of Countess Basta

Defender

Procedural Posture

Petition for Opinion (remitted From Chancery Division, High Court of Justice, England) / Opinion of the Inner House, First Division, Court of Session

Legal Issues

  1. 1 Whether the agreement of 25th October 1897 was a valid exercise of the power of appointment under the Scottish marriage settlement
  2. 2 Whether a liferent appointment to one child with remainder to another is a valid exercise of such power
  3. 3 Whether the appointment of principal to Countess Basta, subject to Claude Pringle's liferent, was valid

Ratio Decidendi

The power of appointment under the marriage settlement was validly exercised by the agreement of 25th October 1897, which appointed a liferent in part of the trust funds to Claude Pringle and the capital to Countess Basta or her heirs. Such an appointment is within the scope of the power, as the law permits division among children in such shares and proportions as the donee may appoint, including the grant of a liferent to one and the fee to another.

Court Disposition

Petition sustained; questions answered in the affirmative.

Orders

  • The agreement of 25th October 1897 was a proper and valid exercise of the power of appointment under the Scottish settlement.
  • The appointment of a life interest in £4300 to Claude Pringle is good and valid.