Corporation of Edinburgh v. Irvine's Trustee [1902] ScotLR 39_737 (01 July 1902)

Corporation of Edinburgh v. Irvine's Trustee [1902] ScotLR 39_737 (01 July 1902)

The trustees under the inter vivos trust-disposition are singular successors not holding for the heir of investiture; therefore, upon the death of John Irvine, the superiors are entitled to composition, and section 1 of the 1887 Act does not apply as the trust-deed is not a mortis causa deed nor necessarily for behoof of the heir.

Citation
[1902] ScotLR 39_737
Parties
Pursuer: Corporation of Edinburgh (Lord Provost, Magistrates, and Town Council of Edinburgh); Defender: James Wright, draper, Leeds, sole surviving trustee under disposition by John Irvine
Jurisdiction
Scotland
Judgment Date
01 July 1902
Procedural Posture
Action for Declarator and Payment / Inner House, First Division, Court of Session; Appeal (reclaiming Motion) From Lord Ordinary
Outcome
Court adhered to Lord Ordinary's interlocutor; appeal dismissed; judgment for pursuers.
Legal Topics
Superior and Vassal, Composition, Implied Entry, Trustee Liability, Casualty of Composition, Relief Duty
Property Law Trusts and Estates Conveyancing Superior and Vassal Composition Implied Entry Trustee Liability Casualty of Composition +1 more

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Parties

Corporation of Edinburgh (Lord Provost, Magistrates, and Town Council of Edinburgh)

Pursuer

James Wright, draper, Leeds, sole surviving trustee under disposition by John Irvine

Defender

Procedural Posture

Action for Declarator and Payment / Inner House, First Division, Court of Session; Appeal (reclaiming Motion) From Lord Ordinary

Legal Issues

  1. 1 Whether trustees under an inter vivos trust-disposition are liable for composition or only relief duty upon the death of the last-entered vassal
  2. 2 Applicability of section 1 of the Conveyancing (Scotland) Acts (1874 and 1879) Amendment Act 1887 to the trust-deed in question

Ratio Decidendi

The trustees under the inter vivos trust-disposition are singular successors not holding for the heir of investiture; therefore, upon the death of John Irvine, the superiors are entitled to composition, and section 1 of the 1887 Act does not apply as the trust-deed is not a mortis causa deed nor necessarily for behoof of the heir.

Court Disposition

Court adhered to Lord Ordinary's interlocutor; appeal dismissed; judgment for pursuers.

Orders

  • James Wright, as sole surviving trustee, to pay £778, 1s. 4d. to the pursuers as composition for one year's rent of the lands.
  • Pursuers entitled to expenses.