Alexander's Trustees v. Alexander's Trustees and Others [1917] ScotLR 527 (07 July 1917)

Alexander's Trustees v. Alexander's Trustees and Others [1917] ScotLR 527 (07 July 1917)

The dispositive clause of Mrs Alexander's trust-disposition and settlement expressly included all means and estate over which she had power of disposal by will or otherwise, which was wide enough to include the powers of appointment under the marriage contract. The will, read as a whole, showed the intention to exercise those powers, regardless of whether the exercise was ultra vires in part.

Citation
[1917] ScotLR 527
Parties
First Parties: John Richardson Craig and others, marriage-contract trustees of James Walter Alexander and Mrs Alexander; Second Parties: Mrs Ann Brown Alexander or Wilson and others, Mrs Alexander's testamentary trustees; Third Parties: Margaret Richardson Alexander and Lieutenant Walter Alexander; Fourth Parties: Walter Francis Wilson, as tutor and guardian-at-law, and Mrs Ann Brown Alexander or Wilson his wife, and others as tutors appointed by Mrs Alexander's trust-disposition and settlement, of Walter Elliot Francis Wilson; Fifth Party: Mrs Ann Brown Alexander or Wilson, with the consent and concurrence of her husband
Jurisdiction
Scotland
Judgment Date
07 July 1917
Procedural Posture
Special Case / Inner House, First Division, Court of Session, Final Judgment
Outcome
First question of law answered in the affirmative; Mrs Alexander's testamentary writings operated as an exercise of the powers of appointment conferred by the marriage contract.
Legal Topics
Exercise of Powers of Appointment, Interpretation of Wills, Marriage Contract Powers, Testamentary Disposition
Succession Trusts and Estates Exercise of Powers of Appointment Interpretation of Wills Marriage Contract Powers Testamentary Disposition

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Parties

John Richardson Craig and others, marriage-contract trustees of James Walter Alexander and Mrs Alexander

First Parties

Mrs Ann Brown Alexander or Wilson and others, Mrs Alexander's testamentary trustees

Second Parties

Margaret Richardson Alexander and Lieutenant Walter Alexander

Third Parties

Walter Francis Wilson, as tutor and guardian-at-law, and Mrs Ann Brown Alexander or Wilson his wife, and others as tutors appointed by Mrs Alexander's trust-disposition and settlement, of Walter Elliot Francis Wilson

Fourth Parties

Mrs Ann Brown Alexander or Wilson, with the consent and concurrence of her husband

Fifth Party

Procedural Posture

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

Legal Issues

  1. 1 Whether Mrs Alexander by her testamentary writings exercised the powers of appointment conferred on or reserved by her in her marriage contract.

Ratio Decidendi

The dispositive clause of Mrs Alexander's trust-disposition and settlement expressly included all means and estate over which she had power of disposal by will or otherwise, which was wide enough to include the powers of appointment under the marriage contract. The will, read as a whole, showed the intention to exercise those powers, regardless of whether the exercise was ultra vires in part.

Court Disposition

First question of law answered in the affirmative; Mrs Alexander's testamentary writings operated as an exercise of the powers of appointment conferred by the marriage contract.

Orders

  • The trust-disposition and settlement operated as an exercise of the powers of appointment under the marriage contract.