Campbell's Trustees v. Campbell and Others [1911] ScotLR 908 (09 June 1911)

Campbell's Trustees v. Campbell and Others [1911] ScotLR 908 (09 June 1911)

On a sound construction of the deeds and the general scheme of the testator's settlement, the annuity conferred by the trust-disposition and settlement was intended to be in substitution for, and not in addition to, the annuity conferred by the deed of separation. The differences between the provisions were not sufficient to infer an intention to provide cumulative benefits, and the structure of the settlement indicated the testator's intention to balance provisions among his family, making it inconceivable that both annuities would subsist concurrently.

Citation
[1911] ScotLR 908
Parties
First Parties (trustees): Sir Henry Peto, Baronet, Chedington Court, Somerset, and others, trustees of the late Right Hon. James Alexander Campbell, of Stracathro, Forfarshire; Second Parties (beneficiaries): Mrs Nora Jane Campbell or Adamson, wife of William Shaw Adamson, Careston Castle, Forfarshire, the testator's married daughter, and others; Third Parties (beneficiaries): Miss Hilda Sophia Campbell, and Miss Elsie Louisa Campbell, Stracathro, Forfarshire, the testator's unmarried daughters; Fourth Party (beneficiary): James Hugh Campbell, the testator's grandson, only child of James Morton Peto Campbell, Belmont Castle, Perthshire; Fifth Party (beneficiary): James Morton Peto Campbell; Sixth Party (beneficiary): Mrs Alice Eliza Mosman or Campbell, wife of the said J. M. P. Campbell
Jurisdiction
Scotland
Judgment Date
09 June 1911
Procedural Posture
Special Case (succession/trusts) / Inner House, First Division, Court of Session (final Judgment)
Outcome
The Court answered that the annuity of £1000 conferred by the trust-disposition and settlement was in substitution for the annuity secured by the deed of separation.
Legal Topics
Legacy, Satisfaction, Debitor Non Presumitur Donare, Interpretation of Testamentary Instruments, Extrinsic Evidence in Wills
Succession Trusts and Estates Legacy Satisfaction Debitor Non Presumitur Donare Interpretation of Testamentary Instruments Extrinsic Evidence in Wills

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Parties

Sir Henry Peto, Baronet, Chedington Court, Somerset, and others, trustees of the late Right Hon. James Alexander Campbell, of Stracathro, Forfarshire

First Parties (trustees)

Mrs Nora Jane Campbell or Adamson, wife of William Shaw Adamson, Careston Castle, Forfarshire, the testator's married daughter, and others

Second Parties (beneficiaries)

Miss Hilda Sophia Campbell, and Miss Elsie Louisa Campbell, Stracathro, Forfarshire, the testator's unmarried daughters

Third Parties (beneficiaries)

James Hugh Campbell, the testator's grandson, only child of James Morton Peto Campbell, Belmont Castle, Perthshire

Fourth Party (beneficiary)

James Morton Peto Campbell

Fifth Party (beneficiary)

Mrs Alice Eliza Mosman or Campbell, wife of the said J. M. P. Campbell

Sixth Party (beneficiary)

Procedural Posture

Special Case (succession/trusts) / Inner House, First Division, Court of Session (final Judgment)

Legal Issues

  1. 1 Whether the annuity of £1000 conferred on Mrs Alice Eliza Mosman or Campbell by the ninth purpose of the trust-disposition and settlement is in substitution for, or in addition to, the annuity of £1000 secured to her by the deed of separation.

Ratio Decidendi

On a sound construction of the deeds and the general scheme of the testator's settlement, the annuity conferred by the trust-disposition and settlement was intended to be in substitution for, and not in addition to, the annuity conferred by the deed of separation. The differences between the provisions were not sufficient to infer an intention to provide cumulative benefits, and the structure of the settlement indicated the testator's intention to balance provisions among his family, making it inconceivable that both annuities would subsist concurrently.

Court Disposition

The Court answered that the annuity of £1000 conferred by the trust-disposition and settlement was in substitution for the annuity secured by the deed of separation.

Orders

  • Question 3 answered in the affirmative: the testamentary annuity is in substitution for the separation deed annuity.
  • Found it unnecessary to answer question 4.