Fyfe's Trustees v. Duthie and Others [1908] ScotLR 368 (31 January 1908)

Fyfe's Trustees v. Duthie and Others [1908] ScotLR 368 (31 January 1908)

The daughters took a fee burdened with a trust to secure income to them for life and capital to their surviving children; this applied to both married and unmarried daughters, as the testator's intention was clear despite imperfect machinery (antenuptial settlement) for married daughters. If a daughter died without children, her share would pass by will or ab intestato.

Citation
[1908] ScotLR 368
Parties
First Parties: William Fyfe and others (Trustees); Second Parties: Mrs Lesley Fyfe or Duthie and Mrs Barbara Fyfe or Weber (Married Daughters); Third Parties: Unmarried Daughters; Fourth Parties: Grandchildren of Testator (children of Mrs Duthie); Fifth Parties: Heirs ab intestato of Testator
Jurisdiction
Scotland
Judgment Date
31 January 1908
Procedural Posture
Special Case (construction of Will/trust) / Judgment of Inner House, Court of Session (second Division)
Outcome
First, third, sixth, and eighth questions answered in the negative; second and fourth in the affirmative; fifth and seventh not answered as unnecessary.
Legal Topics
Vesting, Fee and Liferent, Antenuptial Settlement, Trusts for Children, Construction of Wills
Succession Trusts and Estates Vesting Fee and Liferent Antenuptial Settlement Trusts for Children Construction of Wills

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Parties

William Fyfe and others (Trustees)

First Parties

Mrs Lesley Fyfe or Duthie and Mrs Barbara Fyfe or Weber (Married Daughters)

Second Parties

Unmarried Daughters

Third Parties

Grandchildren of Testator (children of Mrs Duthie)

Fourth Parties

Heirs ab intestato of Testator

Fifth Parties

Procedural Posture

Special Case (construction of Will/trust) / Judgment of Inner House, Court of Session (second Division)

Legal Issues

  1. 1 Whether married daughters have an unqualified right of fee and are entitled to present payment of capital of their shares
  2. 2 Whether trustees are bound to settle shares in trust for married and unmarried daughters in terms of the will
  3. 3 Whether children of a daughter have a vested right in the fee of their mother's share

Ratio Decidendi

The daughters took a fee burdened with a trust to secure income to them for life and capital to their surviving children; this applied to both married and unmarried daughters, as the testator's intention was clear despite imperfect machinery (antenuptial settlement) for married daughters. If a daughter died without children, her share would pass by will or ab intestato.

Court Disposition

First, third, sixth, and eighth questions answered in the negative; second and fourth in the affirmative; fifth and seventh not answered as unnecessary.

Orders

  • Trustees to settle shares of both married and unmarried daughters in trust, securing income to daughters for life and capital to their surviving children.
  • No present payment of capital to daughters; only income during life unless otherwise provided.