Collins' Trustees v. Collins [1913] ScotLR 421 (29 January 1913)

Collins' Trustees v. Collins [1913] ScotLR 421 (29 January 1913)

The deed of appointment was wholly invalid because it appointed benefits to persons who were not objects of the power (e.g., widow, grandchildren), and the invalid provisions were so interwoven with the valid ones that severance was impossible. The forfeiture clause did not operate to bar parties from benefit for raising the present proceedings.

Citation
[1913] ScotLR 421
Parties
First Parties (trustees Under Sir William Collins' Trust): William Clark and others (Collins' Trustees); Second Parties: Mrs Cornelia Thompson Pattison or Collins and others (trustees under Alexander Glen Collins' deed); Third Parties (sons of Alexander Glen Collins): William Alexander Collins and Godfrey Pattison Collins; Fourth Party (daughter of Alexander Glen Collins): Miss Cornelia Pattison Collins; Fifth Party: Official Receiver in Bankruptcy (trustee in bankruptcy of Charles Glen Collins); Sixth Party (son of Alexander Glen Collins): John Walter Collins (with curators)
Jurisdiction
Scotland
Judgment Date
29 January 1913
Procedural Posture
Special Case (court of Session, Inner House, Second Division) / Judgment on Validity of Exercise of Power of Appointment
Outcome
Appointment declared wholly invalid; fund to be divided equally among five children of Alexander Glen Collins.
Legal Topics
Power of Appointment, Validity of Appointment, Forfeiture Clauses, Interpretation of Trusts, Ultra Vires Exercise of Power
Succession Trusts and Estates Power of Appointment Validity of Appointment Forfeiture Clauses Interpretation of Trusts Ultra Vires Exercise of Power

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Parties

William Clark and others (Collins' Trustees)

First Parties (trustees Under Sir William Collins' Trust)

Mrs Cornelia Thompson Pattison or Collins and others (trustees under Alexander Glen Collins' deed)

Second Parties

William Alexander Collins and Godfrey Pattison Collins

Third Parties (sons of Alexander Glen Collins)

Miss Cornelia Pattison Collins

Fourth Party (daughter of Alexander Glen Collins)

Official Receiver in Bankruptcy (trustee in bankruptcy of Charles Glen Collins)

Fifth Party

John Walter Collins (with curators)

Sixth Party (son of Alexander Glen Collins)

Procedural Posture

Special Case (court of Session, Inner House, Second Division) / Judgment on Validity of Exercise of Power of Appointment

Legal Issues

  1. 1 Whether the deed of appointment by Alexander Glen Collins was wholly valid, partly valid, or wholly invalid under the power conferred by Sir William Collins' trust
  2. 2 Whether gifts to persons not objects of the power (e.g., widow, grandchildren) invalidate the appointment
  3. 3 Whether invalid provisions can be severed from valid ones or if the whole appointment fails

Ratio Decidendi

The deed of appointment was wholly invalid because it appointed benefits to persons who were not objects of the power (e.g., widow, grandchildren), and the invalid provisions were so interwoven with the valid ones that severance was impossible. The forfeiture clause did not operate to bar parties from benefit for raising the present proceedings.

Court Disposition

Appointment declared wholly invalid; fund to be divided equally among five children of Alexander Glen Collins.

Orders

  • Head (c) of first question (wholly invalid) and question 5 (equal division among five children) answered in the affirmative.
  • All other questions of law answered in the negative.