Downie's Trustees [1901] ScotLR 38_755 (04 July 1901)

Downie's Trustees [1901] ScotLR 38_755 (04 July 1901)

The will gave only alimentary liferents to the children and grandchildren, with no express gift of the fee except in the event of the truster dying without issue; thus, the fee was undisposed of and the shares liferented by each child fell to be held by the trustees for the benefit of the truster's grandchildren per stirpes in liferent, subject to claims under the Entail Amendment (Scotland) Act 1868, section 17.

Citation
[1901] ScotLR 38_755
Parties
Trustee and Individual Party: Mrs Downie; Beneficiary (second Party): Miss Jemima Downie; Beneficiary (second Party): Miss Margaret Isabella Downie; Beneficiary (fourth Party): John Downie Adair
Jurisdiction
Scotland
Judgment Date
04 July 1901
Procedural Posture
Special Case (trust and Succession) / Judgment of the Inner House, First Division
Outcome
Questions answered in accordance with Lord M'Laren's opinion; children and grandchildren take liferents only; fee undisposed of except as provided in the will.
Legal Topics
Interpretation of Testamentary Dispositions, Liferent and Fee, Entail Amendment (scotland) Act 1868, Alimentary Liferent, Per Stirpes Succession, Condicio Si Sine Liberis
Succession Trusts and Estates Interpretation of Testamentary Dispositions Liferent and Fee Entail Amendment (scotland) Act 1868 Alimentary Liferent Per Stirpes Succession Condicio Si Sine Liberis

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Parties

Mrs Downie

Trustee and Individual Party

Miss Jemima Downie

Beneficiary (second Party)

Miss Margaret Isabella Downie

Beneficiary (second Party)

John Downie Adair

Beneficiary (fourth Party)

Procedural Posture

Special Case (trust and Succession) / Judgment of the Inner House, First Division

Legal Issues

  1. 1 Whether the gift to the truster's children was of fee or liferent only
  2. 2 Whether the grandchildren took a liferent or fee
  3. 3 Whether the fee of the residue was disposed of by the will or fell into intestacy

Ratio Decidendi

The will gave only alimentary liferents to the children and grandchildren, with no express gift of the fee except in the event of the truster dying without issue; thus, the fee was undisposed of and the shares liferented by each child fell to be held by the trustees for the benefit of the truster's grandchildren per stirpes in liferent, subject to claims under the Entail Amendment (Scotland) Act 1868, section 17.

Court Disposition

Questions answered in accordance with Lord M'Laren's opinion; children and grandchildren take liferents only; fee undisposed of except as provided in the will.

Orders

  • On the death of each liferenter, the share liferented falls to be held by the trustee for the benefit of the fourth party and any other grandchildren per stirpes in liferent, subject to claims under the Entail Amendment (Scotland) Act 1868.