Napier's Trustees v. Napiers [1908] ScotLR 849 (14 July 1908)

The bequest was a joint-liferent to John, his wife, and family, with no words of severance or clear family provision; thus, the last survivor (Elizabeth) is entitled to the income of the whole fund for life.

Citation: [1908] ScotLR 849
Parties: First Parties: Lawrence Twentyman Napier and others, Trustees of Robert Napier; Second Party: Miss Elizabeth Malcolm Napier; Third Parties: Children of Robert Assheton Napier and their assignees
Jurisdiction: Scotland
Judgment Date: 14 July 1908
Procedural Posture: Special Case (succession/trust) / Judgment on Special Case
Outcome: First question answered in the affirmative; third and fourth questions not answered.
Legal Topics: Joint Liferent, Accretion, Vesting, Alimentary Trust, Destination of Capital

Succession Trusts Joint Liferent Accretion Vesting Alimentary Trust Destination of Capital

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 1

Parties

Lawrence Twentyman Napier and others, Trustees of Robert Napier

First Parties

Miss Elizabeth Malcolm Napier

Second Party

Children of Robert Assheton Napier and their assignees

Third Parties

Procedural Posture

Special Case (succession/trust) / Judgment on Special Case

Legal Issues

1 Whether the second party is entitled to the liferent of the whole fund or only one-half
2 Whether the third parties are entitled to the fee of one-half or the whole fund, subject to liferent and defeasance

Ratio Decidendi

Court Disposition

First question answered in the affirmative; third and fourth questions not answered.

Orders

Second party entitled to the liferent of the whole fund.
No decision on the destination of the capital or the rights of the third parties.