Souter v. Watt [1912] ScotLR 983 (19 July 1912)

Souter v. Watt [1912] ScotLR 983 (19 July 1912)

Mrs Ferguson's will, by its general terms and residuary bequest, validly exercised the power of appointment conferred by her father's settlement, as there was no contrary intention and the power was unfettered, permitting appointment in liferent and fee.

Citation
[1912] ScotLR 983
Parties
First Parties: James Francis Souter and another, trustees of Alexander Watt (deceased); Second Parties: Major Donald Munro Watt and others, trustees of Alexander Watt (deceased); Third Parties: James Watt and others, next-of-kin of Mrs Eliza Watt or Ferguson (deceased); Fourth Parties: Mrs Helen Watt or Jamieson and others, next-of-kin of Mrs Eliza Watt or Ferguson (deceased); Fifth Parties: George Watt, K.C., executor-nominate of Mrs Eliza Watt or Ferguson and others, residuary legatees
Jurisdiction
Scotland
Judgment Date
19 July 1912
Procedural Posture
Special Case / Inner House, Court of Session, Decision on Point of Law
Outcome
Question of law answered in the affirmative; power of appointment validly exercised.
Legal Topics
Power of Appointment, Exercise of Testamentary Powers, Liferent and Fee, Construction of Wills
Succession Trusts and Estates Power of Appointment Exercise of Testamentary Powers Liferent and Fee Construction of Wills

Case Brief

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Parties

James Francis Souter and another, trustees of Alexander Watt (deceased)

First Parties

Major Donald Munro Watt and others, trustees of Alexander Watt (deceased)

Second Parties

James Watt and others, next-of-kin of Mrs Eliza Watt or Ferguson (deceased)

Third Parties

Mrs Helen Watt or Jamieson and others, next-of-kin of Mrs Eliza Watt or Ferguson (deceased)

Fourth Parties

George Watt, K.C., executor-nominate of Mrs Eliza Watt or Ferguson and others, residuary legatees

Fifth Parties

Procedural Posture

Special Case / Inner House, Court of Session, Decision on Point of Law

Legal Issues

  1. 1 Whether Mrs Ferguson validly exercised the power of appointment conferred by her father's will by her own will and testament
  2. 2 Whether a power of appointment can be exercised by a bequest in liferent and fee

Ratio Decidendi

Mrs Ferguson's will, by its general terms and residuary bequest, validly exercised the power of appointment conferred by her father's settlement, as there was no contrary intention and the power was unfettered, permitting appointment in liferent and fee.

Court Disposition

Question of law answered in the affirmative; power of appointment validly exercised.

Orders

  • Court declares that Mrs Ferguson validly exercised the power of appointment under her father's will by her own will.