Meikle and Others (Wingate's Trustees) v. Wingate [1917] ScotLR 219 (23 January 1917)

Meikle and Others (Wingate's Trustees) v. Wingate [1917] ScotLR 219 (23 January 1917)

The approval by the defender and his mother of the scheme of division converted their right to half of the trust estate into a right to the specific investments allocated to them, in forma specifica. Consequently, the defender was not entitled to legitim out of the five-sevenths of the estate assigned to his mother, but only out of such of the investments allocated to her as were moveable sua natura. Bonds and dispositions in security were heritable at common law and, under section 117 of the 1868 Act, were not moveable for the purpose of legitim unless the deceased was creditor in the bonds, which Mrs Wingate was not.

Citation
[1917] ScotLR 219
Parties
Pursuers: Wilson Rowan Meikle and others (Wingate's Trustees); Defender: Ashmore Kyle Paterson Wingate
Jurisdiction
Scotland
Judgment Date
23 January 1917
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
Appeal dismissed; Lord Ordinary's interlocutor adhered to by majority.
Legal Topics
Legitim, Conversion of Property, Trust Administration, Approval of Scheme of Division, Heritable and Moveable Property, Titles to Land Consolidation (scotland) Act 1868
Succession Trusts Legitim Conversion of Property Trust Administration Approval of Scheme of Division Heritable and Moveable Property Titles to Land Consolidation (scotland) Act 1868

Case Brief

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Parties

Wilson Rowan Meikle and others (Wingate's Trustees)

Pursuers

Ashmore Kyle Paterson Wingate

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether the defender is entitled to legitim out of the five-sevenths of the trust estate assigned to his mother or only out of such investments allocated to her as were moveable sua natura.
  2. 2 Whether the scheme of division and approval by the beneficiary and his mother converted their right to half of the trust estate into a right to the specific investments allocated.

Ratio Decidendi

The approval by the defender and his mother of the scheme of division converted their right to half of the trust estate into a right to the specific investments allocated to them, in forma specifica. Consequently, the defender was not entitled to legitim out of the five-sevenths of the estate assigned to his mother, but only out of such of the investments allocated to her as were moveable sua natura. Bonds and dispositions in security were heritable at common law and, under section 117 of the 1868 Act, were not moveable for the purpose of legitim unless the deceased was creditor in the bonds, which Mrs Wingate was not.

Court Disposition

Appeal dismissed; Lord Ordinary's interlocutor adhered to by majority.

Orders

  • Finds that in ascertaining the amount of legitim payable to the defender from the estate of his deceased mother, there does not fall to be taken into account Mrs Wingate's right and interest in the bonds and dispositions in security, and other heritable assets held at her death by the trustees of the deceased Thomas...