M'Leod's Trustees v. M'Leod and Others [1914] ScotLR 779 (15 July 1914)

M'Leod's Trustees v. M'Leod and Others [1914] ScotLR 779 (15 July 1914)

The widow's liferent provision does not postpone payment of legitim out of three-fifths of the estate, as the deeds are testamentary and not inter vivos; trustees cannot encroach on capital to make up the widow's income during her life, and any compensation to the widow for loss of income due to legitim must be postponed until her death when the ultimate beneficiaries are ascertained.

Citation
[1914] ScotLR 779
Parties
First Parties: Malcolm Ferguson and others, testamentary trustees of John M'Leod; Second Party: Mrs Elizabeth Scott or M'Leod, widow of John M'Leod; Third Parties: Mary M'Leod or Love and others, surviving children of John M'Leod
Jurisdiction
Scotland
Judgment Date
15 July 1914
Procedural Posture
Special Case (succession) / Judgment on Questions of Law
Outcome
Branches (a) and (b) of the fourth question answered in the negative; branch (c) answered in the affirmative.
Legal Topics
Legitim, Liferent, Testamentary Dispositions, Compensation to Widow
Succession Trusts and Estates Legitim Liferent Testamentary Dispositions Compensation to Widow

Case Brief

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Parties

Malcolm Ferguson and others, testamentary trustees of John M'Leod

First Parties

Mrs Elizabeth Scott or M'Leod, widow of John M'Leod

Second Party

Mary M'Leod or Love and others, surviving children of John M'Leod

Third Parties

Procedural Posture

Special Case (succession) / Judgment on Questions of Law

Legal Issues

  1. 1 Whether widow's liferent of three-fifths of estate postpones payment of legitim until her death
  2. 2 Whether trustees can encroach on capital to make up widow's income after legitim claimed
  3. 3 Whether compensation to widow for loss of income due to legitim is payable during her life or only after her death

Ratio Decidendi

The widow's liferent provision does not postpone payment of legitim out of three-fifths of the estate, as the deeds are testamentary and not inter vivos; trustees cannot encroach on capital to make up the widow's income during her life, and any compensation to the widow for loss of income due to legitim must be postponed until her death when the ultimate beneficiaries are ascertained.

Court Disposition

Branches (a) and (b) of the fourth question answered in the negative; branch (c) answered in the affirmative.

Orders

  • Widow not entitled to postponement of legitim payment out of three-fifths of estate until her death.
  • Trustees not entitled to encroach on capital to make up widow's income after legitim claimed.