Cunningham's Trustees v. Cunningham [1924] ScotLR 441 (20 March 1924)

Cunningham's Trustees v. Cunningham [1924] ScotLR 441 (20 March 1924)

Special destinations in the investments were not revoked by the general trust-disposition and settlement; the destinations in the government stock certificates must be interpreted according to Scots law, not English law, so the widow is entitled only to half the investments, with the other half passing to the trustees.

Citation
[1924] ScotLR 441
Parties
First Parties (trustees): James Stirling, Glasgow, and others (Cunningham's Trustees); Second Party (widow): Mrs Margaret Fraser or Cunningham; Third Parties (children's Representatives): Mrs Jeanie Cunningham or Brown and Mrs Jane Nisbet or Cunningham (as tutrix of the pupil children of her marriage with the deceased John Cunningham, a predeceasing son of the testator)
Jurisdiction
Scotland
Judgment Date
20 March 1924
Procedural Posture
Special Case (succession/trusts) / Inner House, Second Division, Court of Session (judgment)
Outcome
Questions of law answered: Scots law applies to the interpretation of the destinations; special destinations not revoked; widow entitled to half of group A investments, trustees to the other half; group B and C investments follow their own destinations as per Scots law.
Legal Topics
Testamentary Succession, Revocation of Special Destinations, Interpretation of Stock Certificates, Domicile and Applicable Law
Succession Trusts and Estates Conflict of Laws Testamentary Succession Revocation of Special Destinations Interpretation of Stock Certificates Domicile and Applicable Law

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Parties

James Stirling, Glasgow, and others (Cunningham's Trustees)

First Parties (trustees)

Mrs Margaret Fraser or Cunningham

Second Party (widow)

Mrs Jeanie Cunningham or Brown and Mrs Jane Nisbet or Cunningham (as tutrix of the pupil children of her marriage with the deceased John Cunningham, a predeceasing son of the testator)

Third Parties (children's Representatives)

Procedural Posture

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

Legal Issues

  1. 1 Whether special destinations in stock certificates were revoked by a general trust-disposition and settlement
  2. 2 Whether the law of Scotland or England applies to the interpretation of destinations in government stock certificates purchased by a Scottish testator but administered in England

Ratio Decidendi

Special destinations in the investments were not revoked by the general trust-disposition and settlement; the destinations in the government stock certificates must be interpreted according to Scots law, not English law, so the widow is entitled only to half the investments, with the other half passing to the trustees.

Court Disposition

Questions of law answered: Scots law applies to the interpretation of the destinations; special destinations not revoked; widow entitled to half of group A investments, trustees to the other half; group B and C investments follow their own destinations as per Scots law.

Orders

  • A(1)(a) Scots law applies; (b) English law does not apply.
  • A(2)(a) Widow not entitled to whole; (b) Widow entitled to half, trustees to half; (c) Not wholly under trust-disposition.