Lietke's Trustees v. Graham [1907] ScotLR 257 (18 December 1907)

Lietke's Trustees v. Graham [1907] ScotLR 257 (18 December 1907)

The trustees are not bound to act as tutors and curators for the minor beneficiaries (children of the brother and sister) because the trust-disposition and settlement did not constitute a continuing trust for them; the funds vested in the beneficiaries immediately and are payable to their natural guardians.

Citation
[1907] ScotLR 257
Parties
Trustees (first Parties): Robert Graham and John Abercrombie; Tutors and Administrators in Law (second Parties): Robert Graham and David Donald
Jurisdiction
Scotland
Judgment Date
18 December 1907
Procedural Posture
Special Case / Final Judgment
Outcome
First question answered in the negative; branch (a) of the second question answered in the affirmative; remaining questions found unnecessary to answer.
Legal Topics
Trust Disposition and Settlement, Tutors and Curators, Minor and Pupil, Construction of Will, Payment to Tutors and Administrators in Law
Succession Trusts Family Law Trust Disposition and Settlement Tutors and Curators Minor and Pupil Construction of Will Payment to Tutors and Administrators in Law

Case Brief

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Parties

Robert Graham and John Abercrombie

Trustees (first Parties)

Robert Graham and David Donald

Tutors and Administrators in Law (second Parties)

Procedural Posture

Special Case / Final Judgment

Legal Issues

  1. 1 Whether trustees are bound to act as tutors and curators to minor beneficiaries under the trust-disposition and settlement
  2. 2 Whether the fathers of minor beneficiaries are entitled to immediate payment of their children's shares

Ratio Decidendi

The trustees are not bound to act as tutors and curators for the minor beneficiaries (children of the brother and sister) because the trust-disposition and settlement did not constitute a continuing trust for them; the funds vested in the beneficiaries immediately and are payable to their natural guardians.

Court Disposition

First question answered in the negative; branch (a) of the second question answered in the affirmative; remaining questions found unnecessary to answer.

Orders

  • Trustees are to pay and convey the shares to the fathers of the minor beneficiaries as their tutors and administrators-in-law.