Worling and Another (Milne's Trustees) Petitioners [1919] ScotLR 112 (19 December 1919)

Worling and Another (Milne's Trustees) Petitioners [1919] ScotLR 112 (19 December 1919)

The Court, exercising its nobile officium, authorised the trustees to make yearly advances to the testator's daughters out of surplus income or capital, as the trust deed did not expressly empower such advances to a daughter who had attained majority, but the circumstances and the testator's intentions warranted such provision.

Citation
[1919] ScotLR 112
Parties
Petitioners: James Worling and another (Milne's Trustees)
Jurisdiction
Scotland
Judgment Date
19 December 1919
Procedural Posture
Petition / Interlocutor (final Order on Petition)
Outcome
Petition granted
Legal Topics
Trustee Powers, Advances to Beneficiaries, Nobile Officium, Testamentary Trusts
Trusts and Estates Succession Law Trustee Powers Advances to Beneficiaries Nobile Officium Testamentary Trusts

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Parties

James Worling and another (Milne's Trustees)

Petitioners

Procedural Posture

Petition / Interlocutor (final Order on Petition)

Legal Issues

  1. 1 Whether trustees can be authorised to make advances to daughters out of trust income or capital prior to vesting/payment date under will, including to a daughter who has attained majority, in circumstances not expressly covered by the trust deed.

Ratio Decidendi

The Court, exercising its nobile officium, authorised the trustees to make yearly advances to the testator's daughters out of surplus income or capital, as the trust deed did not expressly empower such advances to a daughter who had attained majority, but the circumstances and the testator's intentions warranted such provision.

Court Disposition

Petition granted

Orders

  • Authorise the petitioners to advance to the daughters of the late James Strachan Milne, Agnes and Muriel Milne, out of the surplus income or out of the capital of the trust estate under the petitioners' charge, so long as the said daughters shall be unable to suitably maintain themselves or until further orders by...
  • Expenses of and incident to this application to be paid out of the trust estate.