Johnson's Trustees v. Sandilands [1903] ScotLR 40_393 (25 February 1903)

Johnson's Trustees v. Sandilands [1903] ScotLR 40_393 (25 February 1903)

The majority held that, in the absence of a clear intention to exclude Mrs Simpson from sharing in the unappointed residue, she was entitled to an equal share of the remaining four-fifths, in addition to the one-fifth appointed to her, as per the terms of the original settlement and established authority.

Citation
[1903] ScotLR 40_393
Parties
First Party: Johnson's Trustees; Second Party: Children of Mrs Sandilands other than Mrs Simpson; Third Party: Trustees under Mrs Simpson's marriage-settlement
Jurisdiction
Scotland
Judgment Date
25 February 1903
Procedural Posture
Special Case (succession/trust) / Judgment of Inner House, Second Division
Outcome
Question answered in the affirmative; Mrs Simpson (third parties) entitled to share equally in the unappointed residue in addition to her appointed share.
Legal Topics
Power of Appointment, Construction of Wills, Distribution of Unappointed Trust Funds
Succession Trusts and Estates Power of Appointment Construction of Wills Distribution of Unappointed Trust Funds

Case Brief

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Parties

Johnson's Trustees

First Party

Children of Mrs Sandilands other than Mrs Simpson

Second Party

Trustees under Mrs Simpson's marriage-settlement

Third Party

Procedural Posture

Special Case (succession/trust) / Judgment of Inner House, Second Division

Legal Issues

  1. 1 Whether a beneficiary who receives an appointed share under a power of appointment is also entitled to share equally in the unappointed residue under the terms of the original settlement.

Ratio Decidendi

The majority held that, in the absence of a clear intention to exclude Mrs Simpson from sharing in the unappointed residue, she was entitled to an equal share of the remaining four-fifths, in addition to the one-fifth appointed to her, as per the terms of the original settlement and established authority.

Court Disposition

Question answered in the affirmative; Mrs Simpson (third parties) entitled to share equally in the unappointed residue in addition to her appointed share.

Orders

  • Third parties entitled to an equal share along with second parties of the remaining four-fifths of the funds, in addition to the one-fifth share appointed to them by Mrs Sandilands.