Middleton's Trustees v. Middleton [1908] ScotLR 48 (07 November 1908)

The trust deed, having been delivered and conferring a beneficial interest on children now in existence, created a jus quœsitum barring revocation by the grantor.

Citation: [1908] ScotLR 48
Parties: First Parties: James Hadden junior, painter, Leith, and others (Middleton's Trustees); Second Party: Mrs Jane Somerville or Middleton; Third Parties: William Henderson Middleton and others, the children of Mrs Middleton
Jurisdiction: Scotland
Judgment Date: 07 November 1908
Procedural Posture: Special Case / Final Judgment
Outcome: Question of law answered in the negative; trust not revocable.
Legal Topics: Revocability of Trusts, Jus Quœsitum, Trusts in Contemplation of Marriage, Parent and Child Rights

Trusts Family Law Revocability of Trusts Jus Quœsitum Trusts in Contemplation of Marriage Parent and Child Rights

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 1

Parties

James Hadden junior, painter, Leith, and others (Middleton's Trustees)

First Parties

Mrs Jane Somerville or Middleton

Second Party

William Henderson Middleton and others, the children of Mrs Middleton

Third Parties

Procedural Posture

Special Case / Final Judgment

Legal Issues

1 Is the second party entitled to revoke the trust conveyance and call upon the trustees to denude in her favour?

Ratio Decidendi

The trust deed, having been delivered and conferring a beneficial interest on children now in existence, created a jus quœsitum barring revocation by the grantor.

Court Disposition

Question of law answered in the negative; trust not revocable.

Orders

Trustees are not required to denude in favour of Mrs Middleton.
Trust conveyance remains in force for the benefit of the children.