Matthews Duncan's Trustees [1901] ScotLR 38_401 (20 February 1901)

Matthews Duncan's Trustees [1901] ScotLR 38_401 (20 February 1901)

The apportionment in the settlement is effectual to the extent of giving each child an equal share of the fund; the ultra vires conditions restricting enjoyment are void but do not invalidate the apportionment. The children are not bound to elect between the marriage-contract and settlement provisions and are entitled to take both.

Citation
[1901] ScotLR 38_401
Parties
First Parties: Marriage-contract trustees; Second Parties: Trustees under Dr Duncan's settlement; Third Party: Mrs Matthews Duncan; Fourth Parties: Miss Isabel Matthews Duncan and the other daughters; Fifth Parties: William Matthews Duncan and the other sons
Jurisdiction
Scotland
Judgment Date
20 February 1901
Procedural Posture
Special Case Stated for Opinion and Judgment of the Court / Judgment After Hearing Arguments on Interpretation of Settlement and Marriage Contract
Outcome
Apportionment valid to extent of equal shares; ultra vires conditions void; no requirement for election between provisions.
Legal Topics
Power of Appointment, Exercise of Power, Ultra Vires Conditions, Marriage Contract, Election Between Provisions
Succession Trusts and Estates Power of Appointment Exercise of Power Ultra Vires Conditions Marriage Contract Election Between Provisions

Case Brief

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Parties

Marriage-contract trustees

First Parties

Trustees under Dr Duncan's settlement

Second Parties

Mrs Matthews Duncan

Third Party

Miss Isabel Matthews Duncan and the other daughters

Fourth Parties

William Matthews Duncan and the other sons

Fifth Parties

Procedural Posture

Special Case Stated for Opinion and Judgment of the Court / Judgment After Hearing Arguments on Interpretation of Settlement and Marriage Contract

Legal Issues

  1. 1 Whether the apportionment of the marriage-contract provisions in the trust-disposition and settlement is void in whole or in part
  2. 2 Whether conditions restricting children's shares to liferent are ultra vires
  3. 3 Whether children must elect between marriage-contract and settlement provisions

Ratio Decidendi

The apportionment in the settlement is effectual to the extent of giving each child an equal share of the fund; the ultra vires conditions restricting enjoyment are void but do not invalidate the apportionment. The children are not bound to elect between the marriage-contract and settlement provisions and are entitled to take both.

Court Disposition

Apportionment valid to extent of equal shares; ultra vires conditions void; no requirement for election between provisions.

Orders

  • Each child is entitled to an equal share of the marriage-contract fund.
  • Children are entitled to receive their shares of the £4000 free of all conditions, in addition to the provisions made for them by their father in his trust-disposition.