Smith's Trustees v. Clark and Others [1920] ScotLR 196 (20 December 1920)

Smith's Trustees v. Clark and Others [1920] ScotLR 196 (20 December 1920)

There was no initial gift of fee to Mrs Barr or Colonel Clark; the will conferred only liferent. As the testator made no provision for the event of surviving liferenter dying without issue, Mrs Barr's share falls into intestacy. The share liferented by Colonel Clark, as a class gift to Mrs Clark's children, imported a joint liferent, and on his death without issue, his share of the liferent accresced to his surviving brothers.

Citation
[1920] ScotLR 196
Parties
Pursuers and Real Raisers: Sir Nathaniel Dunlop of Shieldhill, Biggar, and others (Smith's Trustees); Defenders: Sir George Smith Clark, Bart., and others; Claimants and Reclaimers: Robert Workman Smith (trustee of George Smith junior) and others; Claimants: Colonel Clark's Trustees; Claimants: Mrs Barr's Trustees
Jurisdiction
Scotland
Judgment Date
20 December 1920
Procedural Posture
Multiplepoinding and Exoneration / Inner House Appeal From Lord Ordinary
Outcome
Lord Ordinary's interlocutor recalled; Court finds no vesting of fee in Mrs Barr or Colonel Clark; Mrs Barr's share falls into intestacy; Colonel Clark's liferent accresces to surviving brothers; fee not decided, trustees to lodge administrative claim.
Legal Topics
Vesting, Liferent or Fee, Accretion, Intestacy, Class Gift, Joint Liferent
Succession Trusts Vesting Liferent or Fee Accretion Intestacy Class Gift Joint Liferent

Case Brief

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Parties

Sir Nathaniel Dunlop of Shieldhill, Biggar, and others (Smith's Trustees)

Pursuers and Real Raisers

Sir George Smith Clark, Bart., and others

Defenders

Robert Workman Smith (trustee of George Smith junior) and others

Claimants and Reclaimers

Colonel Clark's Trustees

Claimants

Mrs Barr's Trustees

Claimants

Procedural Posture

Multiplepoinding and Exoneration / Inner House Appeal From Lord Ordinary

Legal Issues

  1. 1 Did the shares liferented by Mrs Barr and Colonel Clark vest in them or remain as liferent only?
  2. 2 What is the proper destination of the shares upon death of liferenters without issue?
  3. 3 Does the clause of accretion apply or does intestacy result?

Ratio Decidendi

There was no initial gift of fee to Mrs Barr or Colonel Clark; the will conferred only liferent. As the testator made no provision for the event of surviving liferenter dying without issue, Mrs Barr's share falls into intestacy. The share liferented by Colonel Clark, as a class gift to Mrs Clark's children, imported a joint liferent, and on his death without issue, his share of the liferent accresced to his surviving brothers.

Court Disposition

Lord Ordinary's interlocutor recalled; Court finds no vesting of fee in Mrs Barr or Colonel Clark; Mrs Barr's share falls into intestacy; Colonel Clark's liferent accresces to surviving brothers; fee not decided, trustees to lodge administrative claim.

Orders

  • Mrs Barr's share to be treated as intestate succession of the testator.
  • Colonel Clark's liferent share to accresce to surviving brothers; trustees to lodge claim for liferent behoof of surviving brothers and fee for those ultimately entitled.