Graham's Trustees v. Lang's Trustees [1916] ScotLR 585 (30 May 1916)

Vesting of the share was suspended until the death of Mrs Margaret Graham or Lang; Robert James Lang did not acquire a vested interest in the one-seventh share liferented by his mother, and his assignation did not carry any right or interest in that share. Upon Mrs Lang's death, the share fell to Robert James Lang's children under the conditio si sine liberis.

Citation: [1916] ScotLR 585
Parties: First Parties: Sir Henry John Lowndes Graham, K.C.B., Clerk of the Parliaments, House of Lords, London, and others, trustees under the trust-disposition and settlement of the deceased William Graham jun., merchant, Glasgow; Second Parties: William Graham Lang, residing at Broadmeadows, Selkirk, and others, trustees under the trust-disposition and settlement of the deceased Mrs Margaret Graham or Lang; Third Parties: William Graham Lang and another, trustees acting under the antenuptial contract of Rear-Admiral Spencer Yorke de Horsey and Mrs Cicely Jane Lang or de Horsey; William Graham Lang, sole surviving trustee acting under the antenuptial contract of Thomas George Taylor and Mrs Josephine Margaret Lang or Taylor; Hugh Cyril Lang of Broadmeadows, Mrs de Horsey, Mrs Taylor, and Hugh Cyril Lang, children of Robert James Lang; Fourth Parties: William Graham Lang and others, six surviving sons and daughters (with their husbands) of Mrs Margaret Graham or Lang
Jurisdiction: Scotland
Judgment Date: 30 May 1916
Procedural Posture: Special Case / Inner House, Second Division, Court of Session
Outcome: Question answered in the negative; Robert James Lang's share falls to his children.
Legal Topics: Vesting, Double Contingency, Trustee Directions, Liferent, Power of Appointment

Succession Trusts Vesting Double Contingency Trustee Directions Liferent Power of Appointment

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Parties

Sir Henry John Lowndes Graham, K.C.B., Clerk of the Parliaments, House of Lords, London, and others, trustees under the trust-disposition and settlement of the deceased William Graham jun., merchant, Glasgow

First Parties

William Graham Lang, residing at Broadmeadows, Selkirk, and others, trustees under the trust-disposition and settlement of the deceased Mrs Margaret Graham or Lang

Second Parties

William Graham Lang and another, trustees acting under the antenuptial contract of Rear-Admiral Spencer Yorke de Horsey and Mrs Cicely Jane Lang or de Horsey; William Graham Lang, sole surviving trustee acting under the antenuptial contract of Thomas George Taylor and Mrs Josephine Margaret Lang or Taylor; Hugh Cyril Lang of Broadmeadows, Mrs de Horsey, Mrs Taylor, and Hugh Cyril Lang, children of Robert James Lang

Third Parties

William Graham Lang and others, six surviving sons and daughters (with their husbands) of Mrs Margaret Graham or Lang

Fourth Parties

Procedural Posture

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

Legal Issues

1 Whether a one-seventh share of the residue of the testator's estate liferented by Mrs Margaret Graham or Lang vested in her son Robert James Lang so as to be carried by his assignation
2 Whether the share falls to Robert James Lang's children under the conditio si sine liberis

Ratio Decidendi

Court Disposition

Question answered in the negative; Robert James Lang's share falls to his children.

Orders

No vested interest in Robert James Lang; share to be divided among his children in equal shares