Scott's Trustees v. Scott and Others [1909] ScotLR 719 (26 May 1909)

Scott's Trustees v. Scott and Others [1909] ScotLR 719 (26 May 1909)

The class of beneficiaries entitled to share in the trust and codicil is fixed at the date when the eldest child of the class attains majority (the period of distribution). Only those alive at that date are entitled to share; children born after that date are excluded. Beneficiaries are entitled to payment as they respectively attain majority or, in the case of females, marry before that age.

Citation
[1909] ScotLR 719
Parties
First Parties (trustees): Scott's Trustees; Second Parties (beneficiaries): Younger children of Mr Scott of Sinton (excluding eldest and youngest); Third Party (eldest Son, Heir): John Michael Corse Scott; Fourth Party (beneficiary): Alexander Corse Scott (youngest child, with consent of his father)
Jurisdiction
Scotland
Judgment Date
26 May 1909
Procedural Posture
Special Case (succession/trust) / Judgment of Inner House, Second Division
Outcome
Questions answered: the class is fixed at the majority of the eldest child; payment as each attains majority or marries.
Legal Topics
Legacy to a Class, Period of Distribution, Vesting of Legacy, Class Ascertainment, Post Nati and Naecituri
Succession Trusts and Estates Legacy to a Class Period of Distribution Vesting of Legacy Class Ascertainment Post Nati and Naecituri

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Parties

Scott's Trustees

First Parties (trustees)

Younger children of Mr Scott of Sinton (excluding eldest and youngest)

Second Parties (beneficiaries)

John Michael Corse Scott

Third Party (eldest Son, Heir)

Alexander Corse Scott (youngest child, with consent of his father)

Fourth Party (beneficiary)

Procedural Posture

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

Legal Issues

  1. 1 Whether the class of beneficiaries under the trust and codicil is fixed at the testator's death, at the majority of the eldest child, or includes all children born thereafter
  2. 2 Whether beneficiaries are entitled to payment as they respectively attain majority or marry

Ratio Decidendi

The class of beneficiaries entitled to share in the trust and codicil is fixed at the date when the eldest child of the class attains majority (the period of distribution). Only those alive at that date are entitled to share; children born after that date are excluded. Beneficiaries are entitled to payment as they respectively attain majority or, in the case of females, marry before that age.

Court Disposition

Questions answered: the class is fixed at the majority of the eldest child; payment as each attains majority or marries.

Orders

  • Children entitled to share are those alive at the period when the eldest of the class attained majority.
  • Beneficiaries are entitled to payment of their shares as they respectively attain twenty-one, or, in the case of females, marry before attaining that age.