Brown and Others v. Hastie [1911] ScotLR 250 (22 December 1911)

Brown and Others v. Hastie [1911] ScotLR 250 (22 December 1911)

The terms of the trust deed indicated that the nearest heir-male of the nominated trustee was intended by the truster to act as trustee for all purposes, provided he was resident in Great Britain and sui juris. There was no reason to restrict the heir-male to a merely formal title if the deed's language and context supported full trustee powers.

Citation
[1911] ScotLR 250
Parties
First Parties: Miss Sophia Brown and others; Second Parties: William Brown and others; Third Parties: Mrs Stewart and another; Fourth Parties: Mrs Wood and others; Fifth Party: John Gill Hastie
Jurisdiction
Scotland
Judgment Date
22 December 1911
Procedural Posture
Special Case / Judgment
Outcome
Third question of law answered in the affirmative; fourth in the negative.
Legal Topics
Trustee Succession, Heir Male Entitlement, Trust Administration, Conveyancing
Trusts and Estates Trustee Succession Heir Male Entitlement Trust Administration Conveyancing

Case Brief

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Parties

Miss Sophia Brown and others

First Parties

William Brown and others

Second Parties

Mrs Stewart and another

Third Parties

Mrs Wood and others

Fourth Parties

John Gill Hastie

Fifth Party

Procedural Posture

Special Case / Judgment

Legal Issues

  1. 1 Whether the nearest heir-male of a deceased trustee is entitled to act as trustee for the purpose of administering the trust estate
  2. 2 Whether the trust administration lapsed upon the death of the original trustee

Ratio Decidendi

The terms of the trust deed indicated that the nearest heir-male of the nominated trustee was intended by the truster to act as trustee for all purposes, provided he was resident in Great Britain and sui juris. There was no reason to restrict the heir-male to a merely formal title if the deed's language and context supported full trustee powers.

Court Disposition

Third question of law answered in the affirmative; fourth in the negative.

Orders

  • John Gill Hastie, the fifth party, is entitled to act as trustee on the testator's trust estate for the purpose of administering the same.
  • The trust administration created by the testator has not lapsed by the death of John Hastie.