Ranken's Trustees v. Ranken and Others [1907] ScotLR 10 (17 October 1907)

Ranken's Trustees v. Ranken and Others [1907] ScotLR 10 (17 October 1907)

Mineral rents and lordships from coal not worked prior to the testator's death form part of the corpus of the estate and must be retained by the trustees for the ultimate heir; they are not income for the liferenters and are not affected by the Thellusson Act.

Citation
[1907] ScotLR 10
Parties
First Parties (trustees): John Mackenzie Bow and others (Ranken's Trustees); Second Party (heir Male, Heir at Law, Beneficiary): Thomas Ranken; Third Parties (liferenters/beneficiaries): Robert Limond Ranken and others
Jurisdiction
Scotland
Judgment Date
17 October 1907
Procedural Posture
Special Case (succession/trust) / Judgment by Inner House, Second Division
Outcome
Third question (rents are capital) answered in the affirmative; fourth question (Thellusson Act applies) answered in the negative; first and second questions not answered as unnecessary.
Legal Topics
Fee and Liferent, Mines and Minerals, Rent and Royalties, Accumulations, Thellusson Act
Succession Trusts and Estates Property Law Fee and Liferent Mines and Minerals Rent and Royalties Accumulations Thellusson Act

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Parties

John Mackenzie Bow and others (Ranken's Trustees)

First Parties (trustees)

Thomas Ranken

Second Party (heir Male, Heir at Law, Beneficiary)

Robert Limond Ranken and others

Third Parties (liferenters/beneficiaries)

Procedural Posture

Special Case (succession/trust) / Judgment by Inner House, Second Division

Legal Issues

  1. 1 Whether mineral rents and lordships from coal not worked prior to testator's death are income or capital of the estate
  2. 2 Whether such rents fall to be paid to income beneficiaries or retained as capital for the ultimate heir
  3. 3 Whether the Thellusson Act applies to accumulation of such rents

Ratio Decidendi

Mineral rents and lordships from coal not worked prior to the testator's death form part of the corpus of the estate and must be retained by the trustees for the ultimate heir; they are not income for the liferenters and are not affected by the Thellusson Act.

Court Disposition

Third question (rents are capital) answered in the affirmative; fourth question (Thellusson Act applies) answered in the negative; first and second questions not answered as unnecessary.

Orders

  • Mineral rents and lordships from Whitehill to be retained by trustees as capital for ultimate heir.
  • Thellusson Act does not apply to accumulation of such rents.