Salamon v. Morrison's Trustees [1912] ScotLR 584 (28 November 1912)

Salamon v. Morrison's Trustees [1912] ScotLR 584 (28 November 1912)

An assignee of a beneficiary's interest in a trust estate, including a contingent or partial assignee, is entitled to inspect the trust accounts as a natural incident of the property right assigned, subject to payment of reasonable expenses if inspection causes unusual or excessive costs.

Citation
[1912] ScotLR 584
Parties
Pursuer: Mrs Bella Salamon; Defenders: James Logan Strang and others, trustees under the trust-disposition and settlement of Hugh Morrison
Jurisdiction
Scotland
Judgment Date
28 November 1912
Procedural Posture
Civil / Judgment on Right to Inspect Trust Accounts
Outcome
Pursuer entitled to inspect trust accounts; cause continued.
Legal Topics
Right to Inspect Trust Accounts, Assignee Rights, Trust Administration, Assignation of Contingent Interest
Trusts Right to Inspect Trust Accounts Assignee Rights Trust Administration Assignation of Contingent Interest

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 11 Party arguments 2
Sign in to unlock

Parties

Mrs Bella Salamon

Pursuer

James Logan Strang and others, trustees under the trust-disposition and settlement of Hugh Morrison

Defenders

Procedural Posture

Civil / Judgment on Right to Inspect Trust Accounts

Legal Issues

  1. 1 Whether an assignee of a beneficiary's contingent interest in a trust estate is entitled to inspect the trust accounts
  2. 2 Whether the right to inspect extends to partial assignees and in what circumstances expenses may be imposed

Ratio Decidendi

An assignee of a beneficiary's interest in a trust estate, including a contingent or partial assignee, is entitled to inspect the trust accounts as a natural incident of the property right assigned, subject to payment of reasonable expenses if inspection causes unusual or excessive costs.

Court Disposition

Pursuer entitled to inspect trust accounts; cause continued.

Orders

  • Pursuer entitled to see the trust accounts.
  • No order made on trustees at this stage; cause continued.