Veitoh'a Trustees v. Rutherford and Others [1913] ScotLR 150 (12 December 1913)

Veitoh'a Trustees v. Rutherford and Others [1913] ScotLR 150 (12 December 1913)

The will conferred an absolute, indefeasible right of fee on the two beneficiaries, and the direction to trustees to 'put not a shilling at risk' was merely a direction for safe investment, not a limitation to liferent. There being no essential trust purposes requiring retention, the beneficiaries were entitled to immediate payment of the residue equally.

Citation
[1913] ScotLR 150
Parties
First Parties: W. G. Turnbull and another, testamentary trustees of Reverend William Veitch; Second Parties: Mrs A. R. Turnbull or Rutherford and Mrs A. E. Rutherford or Bywater, with consent of their husbands; Third Parties: Mrs J. E. Turnbull or Brown and another, representatives of next-of-kin and heirs in mobilibus; Fourth Parties: W. G. Turnbull and others, surviving original trustee and representatives of deceased trustee
Jurisdiction
Scotland
Judgment Date
12 December 1913
Procedural Posture
Special Case / Inner House, First Division, Court of Session
Outcome
First question and first branch of second question answered in the affirmative; remaining questions unnecessary or abandoned.
Legal Topics
Vesting, Liferent or Fee, Trustee Duties, Repugnancy of Trust Purposes
Succession Trusts and Estates Vesting Liferent or Fee Trustee Duties Repugnancy of Trust Purposes

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Parties

W. G. Turnbull and another, testamentary trustees of Reverend William Veitch

First Parties

Mrs A. R. Turnbull or Rutherford and Mrs A. E. Rutherford or Bywater, with consent of their husbands

Second Parties

Mrs J. E. Turnbull or Brown and another, representatives of next-of-kin and heirs in mobilibus

Third Parties

W. G. Turnbull and others, surviving original trustee and representatives of deceased trustee

Fourth Parties

Procedural Posture

Special Case / Inner House, First Division, Court of Session

Legal Issues

  1. 1 Whether the residue of the testator's estate vested in fee in the second parties or only as liferent.
  2. 2 Whether the direction to trustees to 'put not a shilling at risk' limited the beneficiaries' entitlement to liferent.
  3. 3 Whether the beneficiaries were entitled to immediate payment of the residue.

Ratio Decidendi

The will conferred an absolute, indefeasible right of fee on the two beneficiaries, and the direction to trustees to 'put not a shilling at risk' was merely a direction for safe investment, not a limitation to liferent. There being no essential trust purposes requiring retention, the beneficiaries were entitled to immediate payment of the residue equally.

Court Disposition

First question and first branch of second question answered in the affirmative; remaining questions unnecessary or abandoned.

Orders

  • Residue of the estate to be paid immediately and equally to Mrs Rutherford and Mrs Bywater.