Macfarlane's Trustee v. Macfarlane [1903] ScotLR 41_164 (10 December 1903)

Macfarlane's Trustee v. Macfarlane [1903] ScotLR 41_164 (10 December 1903)

The trustees' minute of 7 July 1885 was an irrevocable exercise of their powers under the codicil, apportioning and setting apart a share for Alexander Goodsir Macfarlane. The protective provisions regarding income did not prevent vesting of the fee in him. Accordingly, the share vested in Alexander Goodsir Macfarlane from the date of the minute, and passed under his settlement upon his death.

Citation
[1903] ScotLR 41_164
Parties
Claimant and Reclaimer: Patrick Blair, W. S., Edinburgh, surviving trustee under the trust-disposition and settlement and codicil thereto, executed by the deceased Dr John Macfarlane; Claimant and Respondent: Mrs Christina Ogilvie or Macfarlane, widow of the deceased Alexander Goodsir Macfarlane
Jurisdiction
Scotland
Judgment Date
10 December 1903
Procedural Posture
Action of Multiplepoinding and Exoneration / Reclaiming Note Against Lord Ordinary's Interlocutor
Outcome
Court adhered to Lord Ordinary's interlocutor; claim of trustee repelled, claim of widow sustained.
Legal Topics
Vesting, Discretion of Trustees, Exercise of Power of Apportionment, Protected Succession
Succession Trusts Vesting Discretion of Trustees Exercise of Power of Apportionment Protected Succession

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Parties

Patrick Blair, W. S., Edinburgh, surviving trustee under the trust-disposition and settlement and codicil thereto, executed by the deceased Dr John Macfarlane

Claimant and Reclaimer

Mrs Christina Ogilvie or Macfarlane, widow of the deceased Alexander Goodsir Macfarlane

Claimant and Respondent

Procedural Posture

Action of Multiplepoinding and Exoneration / Reclaiming Note Against Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether the fee of the share of the estate apportioned to Alexander Goodsir Macfarlane vested in him or lapsed upon his death
  2. 2 Whether trustees' exercise of discretion under the codicil constituted an irrevocable apportionment
  3. 3 Interpretation of powers of exclusion, apportionment, and retention under the trust and codicil

Ratio Decidendi

The trustees' minute of 7 July 1885 was an irrevocable exercise of their powers under the codicil, apportioning and setting apart a share for Alexander Goodsir Macfarlane. The protective provisions regarding income did not prevent vesting of the fee in him. Accordingly, the share vested in Alexander Goodsir Macfarlane from the date of the minute, and passed under his settlement upon his death.

Court Disposition

Court adhered to Lord Ordinary's interlocutor; claim of trustee repelled, claim of widow sustained.

Orders

  • Ranks and prefers Mrs Christina Ogilvie or Macfarlane on the fund in medio in terms of the first branch of her claim.
  • Repels the first branch of the claim for Patrick Blair, trustee of the late Dr John Macfarlane.