Ewing's Trustees v. Ewing [1909] ScotLR 316 (27 January 1909)

Ewing's Trustees v. Ewing [1909] ScotLR 316 (27 January 1909)

The deed of appointment was a valid exercise of the power conferred by the marriage contract, as the restrictions imposed were appropriate to the purpose of providing for the daughter and did not introduce any non-object of the power. The daughter's interest was limited to an alimentary liferent with a power of disposal, which did not amount to a fee entitling her to immediate payment of capital. The holograph writing was effectual to transfer administration of the appointed funds to the testamentary trustees, who must administer them in terms of the deed of appointment.

Citation
[1909] ScotLR 316
Parties
First Parties (trustees Under the Marriage Contract): Ewing's Trustees; Second Parties: Trustees under Mrs Ewing's trust-disposition and settlement; Third Party (daughter): Mary Jessie Ramsay Ewing; Fourth Party (son): Arthur Ramsay Ewing
Jurisdiction
Scotland
Judgment Date
27 January 1909
Procedural Posture
Special Case (court of Session, Inner House, Second Division) / Judgment on Questions of Law Regarding Exercise of Power of Appointment Under Marriage Contract
Outcome
Deed of appointment upheld as valid; daughter's claim for immediate payment of capital rejected; administration of funds transferred to testamentary trustees as per holograph writing.
Legal Topics
Power of Appointment, Marriage Contract, Trust Administration, Liferent, Alimentary Provision
Succession Trusts and Estates Power of Appointment Marriage Contract Trust Administration Liferent Alimentary Provision

Case Brief

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Parties

Ewing's Trustees

First Parties (trustees Under the Marriage Contract)

Trustees under Mrs Ewing's trust-disposition and settlement

Second Parties

Mary Jessie Ramsay Ewing

Third Party (daughter)

Arthur Ramsay Ewing

Fourth Party (son)

Procedural Posture

Special Case (court of Session, Inner House, Second Division) / Judgment on Questions of Law Regarding Exercise of Power of Appointment Under Marriage Contract

Legal Issues

  1. 1 Whether the deed of appointment executed by Mrs Ewing was a valid exercise of the powers conferred by her marriage contract.
  2. 2 Whether the daughter was entitled to immediate payment of the capital or only a liferent with power of disposal.
  3. 3 Whether the holograph writing altered the administration of the appointed funds and was effectual to transfer administration to the testamentary trustees.

Ratio Decidendi

The deed of appointment was a valid exercise of the power conferred by the marriage contract, as the restrictions imposed were appropriate to the purpose of providing for the daughter and did not introduce any non-object of the power. The daughter's interest was limited to an alimentary liferent with a power of disposal, which did not amount to a fee entitling her to immediate payment of capital. The holograph writing was effectual to transfer administration of the appointed funds to the testamentary trustees, who must administer them in terms of the deed of appointment.

Court Disposition

Deed of appointment upheld as valid; daughter's claim for immediate payment of capital rejected; administration of funds transferred to testamentary trustees as per holograph writing.

Orders

  • Deed of appointment by Mrs Ewing dated 3 August 1898 was a valid exercise of her powers under the marriage contract.
  • Unnecessary to answer the second question of law.