Macleod's Trustees v. Macleod's Trustees and Others [1913] ScotLR 35 (18 October 1913)

The exercise of the power of appointment in Dr Macleod's trust-disposition and settlement is wholly valid because the daughters, as liferenters and objects of the power, consented to the disposition of the fee to their children, following binding authority in Mackie v. Mackie's Trustees.

Citation: [1913] ScotLR 35
Parties: Marriage Contract Trustees of Rev. John Macleod, D.d. (first Parties): Charles Campbell M'Leod and others; Testamentary Trustees of Dr Macleod (second Parties): Charles Campbell M'Leod and others; Sons of Dr Macleod (third Parties): John Norman Macleod, Rev. William Arthur Macleod, Charles Roderick Macleod, Norman Augustus Macleod; Executor of Duncan Archibald Macleod, Another Son (fourth Party): Norman Augustus Macleod; Marriage Contract Trustees of Mrs Alexa Evelyn Macleod or Scott, a Daughter, With Consent of Mrs Scott and Her Husband (fifth Parties): Rev. Robert Baldock Scott and others; Marriage Contract Trustees of Mrs Margaret Eleanor Macleod or Macdonald, a Daughter, With Consent of Mrs Macdonald and Her Husband (sixth Parties): Leonard Walter Dickson and others
Jurisdiction: Scotland
Judgment Date: 18 October 1913
Procedural Posture: Special Case / Judgment
Outcome: Exercise of power of appointment wholly valid.
Legal Topics: Power of Appointment, Apportionment, Liferent and Fee, Consent of Liferenters

Succession Trusts Power of Appointment Apportionment Liferent and Fee Consent of Liferenters

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Parties

Charles Campbell M'Leod and others

Marriage Contract Trustees of Rev. John Macleod, D.d. (first Parties)

Charles Campbell M'Leod and others

Testamentary Trustees of Dr Macleod (second Parties)

John Norman Macleod, Rev. William Arthur Macleod, Charles Roderick Macleod, Norman Augustus Macleod

Sons of Dr Macleod (third Parties)

Norman Augustus Macleod

Executor of Duncan Archibald Macleod, Another Son (fourth Party)

Rev. Robert Baldock Scott and others

Marriage Contract Trustees of Mrs Alexa Evelyn Macleod or Scott, a Daughter, With Consent of Mrs Scott and Her Husband (fifth Parties)

Leonard Walter Dickson and others

Marriage Contract Trustees of Mrs Margaret Eleanor Macleod or Macdonald, a Daughter, With Consent of Mrs Macdonald and Her Husband (sixth Parties)

Procedural Posture

Special Case / Judgment

Legal Issues

1 Whether Dr Macleod validly exercised the power of apportionment reserved in his antenuptial marriage contract with reference to the policy of assurance and the sum of £2000

Ratio Decidendi

Court Disposition

Exercise of power of appointment wholly valid.

Orders

Court answered the first alternative of the first question of law in the affirmative.