Henderson's Trustees Petitioners [1911] ScotLR 424 (04 February 1911)

Henderson's Trustees Petitioners [1911] ScotLR 424 (04 February 1911)

The trust-disposition and settlement of 1907, by its specific provisions regarding the use and maintenance of Haymount, necessarily implied a revocation of the special destination in the 1878 disposition, as both deeds could not stand together and the later deed must prevail.

Citation
[1911] ScotLR 424
Parties
Petitioners: Samuel Wallace Johnston and William Duncan Patrick, Trustees of William Henderson; Heir/respondent: John William Henderson
Jurisdiction
Scotland
Judgment Date
04 February 1911
Procedural Posture
Petition Under Conveyancing (scotland) Act 1874, Sec. 10 / Appeal From Sheriff Court to Court of Session Inner House, Second Division
Outcome
Appeal dismissed; judgment of Sheriff-Substitute affirmed.
Legal Topics
Special Destination, Revocation of Testamentary Dispositions, Trust Disposition and Settlement, Implied Revocation
Succession Law Property Law Special Destination Revocation of Testamentary Dispositions Trust Disposition and Settlement Implied Revocation

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Parties

Samuel Wallace Johnston and William Duncan Patrick, Trustees of William Henderson

Petitioners

John William Henderson

Heir/respondent

Procedural Posture

Petition Under Conveyancing (scotland) Act 1874, Sec. 10 / Appeal From Sheriff Court to Court of Session Inner House, Second Division

Legal Issues

  1. 1 Whether a subsequent general trust-disposition and settlement revoked a prior special destination in a disposition of heritable property.

Ratio Decidendi

The trust-disposition and settlement of 1907, by its specific provisions regarding the use and maintenance of Haymount, necessarily implied a revocation of the special destination in the 1878 disposition, as both deeds could not stand together and the later deed must prevail.

Court Disposition

Appeal dismissed; judgment of Sheriff-Substitute affirmed.

Orders

  • Petition refused; trustees not entitled to make up title under the special destination.