Drysdale's Trustees v. Drysdale and Others [1922] ScotLR 558 (20 July 1922)

Drysdale's Trustees v. Drysdale and Others [1922] ScotLR 558 (20 July 1922)

Investments in Group A, made before the will and in the names of the wife and children, did not create an irrevocable right and were revoked by the will, thus falling into the trust estate. Investments in Group B, made after the will in the names of the children, were valid special destinations and belonged to the children. Investments in Group C, taken in the joint names of the testator and his wife without survivorship, were to be divided equally between the trust estate and the widow.

Citation
[1922] ScotLR 558
Parties
First Parties: Mrs Mary Anne Westwood or Drysdale and others (trustees of William Drysdale); Second Party: Mrs Mary Anne Westwood or Drysdale; Third Parties: Charlotte Wilhelmina Drysdale, Campbell Westwood Drysdale, and William Douglas Drysdale; Fourth Parties: Miss Amalia Brichta and others, directors of the First Church of Christ Scientist, Edinburgh
Jurisdiction
Scotland
Judgment Date
20 July 1922
Procedural Posture
Special Case (succession) / Inner House, First Division, Court of Session (judgment)
Outcome
Partly in favour of trustees, partly in favour of children and widow.
Legal Topics
Special Destination, Revocation of Testamentary Writings, Jus Quaesitum Tertio, Donation, Effect of General Disposition, War Stock Investments
Succession Trusts and Estates Special Destination Revocation of Testamentary Writings Jus Quaesitum Tertio Donation Effect of General Disposition War Stock Investments

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Parties

Mrs Mary Anne Westwood or Drysdale and others (trustees of William Drysdale)

First Parties

Mrs Mary Anne Westwood or Drysdale

Second Party

Charlotte Wilhelmina Drysdale, Campbell Westwood Drysdale, and William Douglas Drysdale

Third Parties

Miss Amalia Brichta and others, directors of the First Church of Christ Scientist, Edinburgh

Fourth Parties

Procedural Posture

Special Case (succession) / Inner House, First Division, Court of Session (judgment)

Legal Issues

  1. 1 Whether investments in Group A form part of the trust estate or belong to the named beneficiaries
  2. 2 Whether investments in Group B form part of the trust estate or belong to the named beneficiaries
  3. 3 Whether investments in Group C form part of the trust estate, belong to the widow, or are to be divided

Ratio Decidendi

Investments in Group A, made before the will and in the names of the wife and children, did not create an irrevocable right and were revoked by the will, thus falling into the trust estate. Investments in Group B, made after the will in the names of the children, were valid special destinations and belonged to the children. Investments in Group C, taken in the joint names of the testator and his wife without survivorship, were to be divided equally between the trust estate and the widow.

Court Disposition

Partly in favour of trustees, partly in favour of children and widow.

Orders

  • Group A investments form part of the trust estate and are disposed of per the trust-disposition and settlement.
  • Group B investments belong to the children in whose names they were taken.