Merrilees v. Leckie's Trustees and Others [1908] ScotLR 449 (19 February 1908)

Merrilees v. Leckie's Trustees and Others [1908] ScotLR 449 (19 February 1908)

Trustees who unsuccessfully defend a trust-disposition may be allowed their expenses out of the trust estate as between agent and client if they acted reasonably and in good faith, and where the circumstances do not reflect adversely on them; however, this does not extend to expenses for motions for a new trial.

Citation
[1908] ScotLR 449
Parties
Pursuer: Charles Merrilees; Defenders: Leckie's Trustees; Defender: Mrs M. Beaton; Defender: Duncan Beaton
Jurisdiction
Scotland
Judgment Date
19 February 1908
Procedural Posture
Action of Reduction / Post Trial Motions on Expenses
Outcome
Pursuer awarded expenses against both the trustees and the trust estate; trustees awarded expenses as between agent and client (except for motion for new trial) out of the trust estate.
Legal Topics
Trustee Expenses, Costs and Expenses, Testamentary Capacity, Reduction of Deeds
Trusts and Estates Civil Procedure Trustee Expenses Costs and Expenses Testamentary Capacity Reduction of Deeds

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Parties

Charles Merrilees

Pursuer

Leckie's Trustees

Defenders

Mrs M. Beaton

Defender

Duncan Beaton

Defender

Procedural Posture

Action of Reduction / Post Trial Motions on Expenses

Legal Issues

  1. 1 Whether trustees who unsuccessfully defended a trust-disposition are entitled to expenses out of the trust estate
  2. 2 Whether such expenses should be taxed as between agent and client or party and party
  3. 3 Whether the pursuer is entitled to expenses against both the trustees and the trust estate

Ratio Decidendi

Trustees who unsuccessfully defend a trust-disposition may be allowed their expenses out of the trust estate as between agent and client if they acted reasonably and in good faith, and where the circumstances do not reflect adversely on them; however, this does not extend to expenses for motions for a new trial.

Court Disposition

Pursuer awarded expenses against both the trustees and the trust estate; trustees awarded expenses as between agent and client (except for motion for new trial) out of the trust estate.

Orders

  • Pursuer entitled to expenses against compearing defenders and the trust estate.
  • Defenders (trustees) entitled to expenses as between agent and client, except for expenses related to the motion for a new trial, out of the trust estate.