Home's Trustees v. Fergusson's Executrix [1921] ScotLR 367 (08 March 1921)

Home's Trustees v. Fergusson's Executrix [1921] ScotLR 367 (08 March 1921)

The trustees are not restricted to paying off the debts affecting the estate of Bassendean out of accumulations of income only; they are bound to accept the offer to pay off the debts from another source and, upon discharge of the debts, to convey the estate to the person entitled under the trust's destination.

Citation
[1921] ScotLR 367
Parties
First Parties: Hew Francis Cadell and another (Home's Trustees); Second Party: Mrs Clara Johnston or Fergusson (Fergusson's Executrix); Third Parties: Mary Fergusson or Home, Colonel Home, Captain Robert George Home, Clara Josephine Home; Fourth Party: Major Home Johnston Fergusson
Jurisdiction
Scotland
Judgment Date
08 March 1921
Procedural Posture
Special Case / Judgment
Outcome
Questions 3(a) answered in the negative, 3(b) in the affirmative, and question 4 (first alternative) in the affirmative; trustees are to accept the offer and convey the estate accordingly.
Legal Topics
Vesting, Acceleration, Trustee Powers, Payment of Debts, Conveyance of Heritable Property
Succession Trusts Vesting Acceleration Trustee Powers Payment of Debts Conveyance of Heritable Property

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Hew Francis Cadell and another (Home's Trustees)

First Parties

Mrs Clara Johnston or Fergusson (Fergusson's Executrix)

Second Party

Mary Fergusson or Home, Colonel Home, Captain Robert George Home, Clara Josephine Home

Third Parties

Major Home Johnston Fergusson

Fourth Party

Procedural Posture

Special Case / Judgment

Legal Issues

  1. 1 Are trustees restricted to paying off estate debts out of accumulations of income only?
  2. 2 Are trustees bound to accept an offer to pay off debts from another source and convey the estate accordingly?

Ratio Decidendi

The trustees are not restricted to paying off the debts affecting the estate of Bassendean out of accumulations of income only; they are bound to accept the offer to pay off the debts from another source and, upon discharge of the debts, to convey the estate to the person entitled under the trust's destination.

Court Disposition

Questions 3(a) answered in the negative, 3(b) in the affirmative, and question 4 (first alternative) in the affirmative; trustees are to accept the offer and convey the estate accordingly.

Orders

  • Trustees to accept the offer to pay off debts and legacies from another source.
  • Trustees to convey the estate of Bassendean to Mrs Mary Fergusson or Home, or as agreed by the parties, upon discharge of debts and legacies.