Lyon v. Lyon's Trustees [1901] ScotLR 38_568 (12 March 1901)

Lyon v. Lyon's Trustees [1901] ScotLR 38_568 (12 March 1901)

The trust-disposition and assignation was executed in contemplation of marriage, delivered, declared irrevocable, acted upon, and a child beneficiary was in existence. These factors together rendered the deed irrevocable and not reducible on grounds of essential error or fraudem of the husband's rights. The child had a right to have the trust maintained, barring revocation.

Citation
[1901] ScotLR 38_568
Parties
Pursuer: Mrs Jane Georgina Gilchrist or Lyon; Pursuer: Alexander Lyon; Defender: Lyon's Trustees
Jurisdiction
Scotland
Judgment Date
12 March 1901
Procedural Posture
Civil / Judgment After Proof Before Answer
Outcome
Defenders assoilzied (absolved) from the conclusions of the action.
Legal Topics
Unilateral Trust Deed, Marriage Settlement, Revocation of Trust, Essential Error, Fraud on Marital Rights, Married Women's Property (scotland) Act 1881
Trusts and Estates Family Law Unilateral Trust Deed Marriage Settlement Revocation of Trust Essential Error Fraud on Marital Rights Married Women's Property (scotland) Act 1881

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Parties

Mrs Jane Georgina Gilchrist or Lyon

Pursuer

Alexander Lyon

Pursuer

Lyon's Trustees

Defender

Procedural Posture

Civil / Judgment After Proof Before Answer

Legal Issues

  1. 1 Whether the trust-disposition and assignation executed by Mrs Lyon before marriage was reducible on the ground of essential error as to its tenor and effect
  2. 2 Whether the deed was reducible as being in fraudem of the rights of the husband
  3. 3 Whether the deed was revocable by Mrs Lyon

Ratio Decidendi

The trust-disposition and assignation was executed in contemplation of marriage, delivered, declared irrevocable, acted upon, and a child beneficiary was in existence. These factors together rendered the deed irrevocable and not reducible on grounds of essential error or fraudem of the husband's rights. The child had a right to have the trust maintained, barring revocation.

Court Disposition

Defenders assoilzied (absolved) from the conclusions of the action.

Orders

  • Defenders (trustees) assoilzied from the conclusions of the action.
  • Defenders entitled to expenses as between agent and client out of the trust estate, as taxed by the Auditor.