Logan v. M'Rostie [1907] ScotLR 204 (22 November 1907)

Logan v. M'Rostie [1907] ScotLR 204 (22 November 1907)

The Trusts (Scotland) Amendment Act 1884, by providing a wider definition of 'trust' and requiring the Trusts Acts 1861 to 1884 to be read together, removes the limitation of the 1861 Act to gratuitous trustees. Therefore, the surviving trustee in a non-gratuitous trust-deed for creditors, even without a survivorship clause, has title to sue.

Citation
[1907] ScotLR 204
Parties
Pursuer (appellant) / Surviving Trustee: Thomas Logan; Defender (respondent): Peter M'Rostie
Jurisdiction
Scotland
Judgment Date
22 November 1907
Procedural Posture
Civil Appeal (trust/bankruptcy) / Appeal From Sheriff Court to Court of Session, Inner House, First Division
Outcome
Appeal allowed
Legal Topics
Trustee Powers, Survivorship of Trustees, Title to Sue, Statutory Interpretation—trusts (scotland) Acts
Trusts Bankruptcy Civil Procedure Trustee Powers Survivorship of Trustees Title to Sue Statutory Interpretation—trusts (scotland) Acts

Case Brief

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Parties

Thomas Logan

Pursuer (appellant) / Surviving Trustee

Peter M'Rostie

Defender (respondent)

Procedural Posture

Civil Appeal (trust/bankruptcy) / Appeal From Sheriff Court to Court of Session, Inner House, First Division

Legal Issues

  1. 1 Whether the surviving trustee under a trust-deed for creditors, with no survivorship clause, has title to sue after the death of the co-trustee, in light of the Trusts (Scotland) Acts 1861, 1867, and 1884.

Ratio Decidendi

The Trusts (Scotland) Amendment Act 1884, by providing a wider definition of 'trust' and requiring the Trusts Acts 1861 to 1884 to be read together, removes the limitation of the 1861 Act to gratuitous trustees. Therefore, the surviving trustee in a non-gratuitous trust-deed for creditors, even without a survivorship clause, has title to sue.

Court Disposition

Appeal allowed

Orders

  • Interlocutors of the Sheriff and Sheriff-Substitute recalled
  • First plea-in-law for the defender repelled