Middleton's Trustees v. Middleton [1906] ScotLR 43_718 (07 July 1906)

Middleton's Trustees v. Middleton [1906] ScotLR 43_718 (07 July 1906)

The restrictions imposed by Mrs Middleton on her son's interest were wholly ultra vires, as they attempted to benefit persons not objects of the power and to restrict the son's fee to a liferent. These invalid conditions must be disregarded, and the initial absolute appointment of the fee to the son stands unaffected.

Citation
[1906] ScotLR 43_718
Parties
First Parties: Middleton's Trustees; Second Parties: Trustees under Mrs Middleton's trust-disposition and settlement and codicil; Third Party: George Graham Middleton; Fourth Parties: Antenuptial marriage contract trustees of Mrs Constance Henrietta Middleton or Robertson Aikman
Jurisdiction
Scotland
Judgment Date
07 July 1906
Procedural Posture
Special Case (succession/trusts) / Inner House, Court of Session, Decision on Questions of Construction and Validity of Appointment
Outcome
Appointment partly valid; invalid restrictions disregarded; son takes fee absolutely.
Legal Topics
Power of Appointment, Validity of Appointment, Ultra Vires Restrictions, Interpretation of Wills and Trusts
Succession Trusts and Estates Power of Appointment Validity of Appointment Ultra Vires Restrictions Interpretation of Wills and Trusts

Case Brief

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Parties

Middleton's Trustees

First Parties

Trustees under Mrs Middleton's trust-disposition and settlement and codicil

Second Parties

George Graham Middleton

Third Party

Antenuptial marriage contract trustees of Mrs Constance Henrietta Middleton or Robertson Aikman

Fourth Parties

Procedural Posture

Special Case (succession/trusts) / Inner House, Court of Session, Decision on Questions of Construction and Validity of Appointment

Legal Issues

  1. 1 Whether Mrs Middleton's exercise of power of appointment under her marriage contract was wholly valid, partly valid, or wholly invalid
  2. 2 Whether restrictions imposed on the son's interest (liferent only, fee to issue) were ultra vires and invalid
  3. 3 Whether invalid conditions could be severed from a valid appointment of the fee to the son

Ratio Decidendi

The restrictions imposed by Mrs Middleton on her son's interest were wholly ultra vires, as they attempted to benefit persons not objects of the power and to restrict the son's fee to a liferent. These invalid conditions must be disregarded, and the initial absolute appointment of the fee to the son stands unaffected.

Court Disposition

Appointment partly valid; invalid restrictions disregarded; son takes fee absolutely.

Orders

  • Second alternative of first question and head (a) of second question answered in the affirmative: the appointment is partly valid, and the third party (son) is entitled to the fee of the whole fund absolutely.