Baxters v. Baxter's Trustees [1909] ScotLR 743 (27 May 1909)

Baxters v. Baxter's Trustees [1909] ScotLR 743 (27 May 1909)

Section 17 of the Entail Amendment (Scotland) Act 1868 applies to the first parties, who, being of full age and born after the testator's death, are entitled to the fee of their father's share in the trust estate, and the valuation of their shares must be made as at the date of payment.

Citation
[1909] ScotLR 743
Parties
First Party (applicant): Miss Evelyn V. Baxter; First Party (applicant): Captain N. E. Baxter; Second Party (applicant): Charles W. Baxter; Second Party (applicant): Ralph F. Baxter; Third Party (respondent, Trustee): Edward G. Baxter of Teasses, Largo, Fife; Third Party (respondent, Trustee): Other trustees of Edward Baxter of Kincaldrum
Jurisdiction
Scotland
Judgment Date
27 May 1909
Procedural Posture
Special Case (court of Session, Inner House, First Division) / Judgment
Outcome
First question answered in the affirmative; second in the negative; fourth (second branch) in the affirmative; others superseded.
Legal Topics
Liferent Interest, Vesting of Shares, Entail Amendment (scotland) Act 1868, Valuation Date of Share
Succession Trusts and Estates Liferent Interest Vesting of Shares Entail Amendment (scotland) Act 1868 Valuation Date of Share

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Parties

Miss Evelyn V. Baxter

First Party (applicant)

Captain N. E. Baxter

First Party (applicant)

Charles W. Baxter

Second Party (applicant)

Ralph F. Baxter

Second Party (applicant)

Edward G. Baxter of Teasses, Largo, Fife

Third Party (respondent, Trustee)

Other trustees of Edward Baxter of Kincaldrum

Third Party (respondent, Trustee)

Procedural Posture

Special Case (court of Session, Inner House, First Division) / Judgment

Legal Issues

  1. 1 Whether grandchildren born after the testator's death and attaining majority are entitled to the fee of their father's share under section 17 of the Entail Amendment (Scotland) Act 1868
  2. 2 Whether valuation of shares should be at date of death or date of payment

Ratio Decidendi

Section 17 of the Entail Amendment (Scotland) Act 1868 applies to the first parties, who, being of full age and born after the testator's death, are entitled to the fee of their father's share in the trust estate, and the valuation of their shares must be made as at the date of payment.

Court Disposition

First question answered in the affirmative; second in the negative; fourth (second branch) in the affirmative; others superseded.

Orders

  • First parties entitled to payment of their respective shares in fee, valued as at the date of payment.