Davidson's Trustees v. Ogilvie [1909] ScotLR 248 (21 January 1909)

Davidson's Trustees v. Ogilvie [1909] ScotLR 248 (21 January 1909)

Royalties and profits from works published before the testator's death are income and payable to the liferentrix; proceeds from works published after the testator's death are capital and must be invested, with only the interest paid to the liferentrix.

Citation
[1909] ScotLR 248
Parties
First Parties: Robert Russell Simpson and another, testamentary trustees of the late Rev. Andrew Bruce Davidson, LL. D.; Second Party: Mrs Helen Bruce Davidson or Ogilvie
Jurisdiction
Scotland
Judgment Date
21 January 1909
Procedural Posture
Special Case / Final Judgment
Outcome
Questions of law answered: royalties and profits from works published before death are income; those from works published after death are capital.
Legal Topics
Liferent and Fee, Free Annual Income, Literary Works, Royalties and Profits From Sale of Books
Succession Trusts Liferent and Fee Free Annual Income Literary Works Royalties and Profits From Sale of Books

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Parties

Robert Russell Simpson and another, testamentary trustees of the late Rev. Andrew Bruce Davidson, LL. D.

First Parties

Mrs Helen Bruce Davidson or Ogilvie

Second Party

Procedural Posture

Special Case / Final Judgment

Legal Issues

  1. 1 Are royalties and profits from works published before the testator's death income or capital?
  2. 2 Are royalties and profits from works published after the testator's death income or capital?

Ratio Decidendi

Royalties and profits from works published before the testator's death are income and payable to the liferentrix; proceeds from works published after the testator's death are capital and must be invested, with only the interest paid to the liferentrix.

Court Disposition

Questions of law answered: royalties and profits from works published before death are income; those from works published after death are capital.

Orders

  • Royalties and profits from works published before the testator's death to be paid to the liferentrix as income.
  • Proceeds from works published after the testator's death to be treated as capital and invested, with interest paid to the liferentrix.