Todd's Trustees v. Todd's Executors and Others [1921] ScotLR 2 (15 October 1921)

Todd's Trustees v. Todd's Executors and Others [1921] ScotLR 2 (15 October 1921)

The bequest to the children of predeceasing sons was substitutional, not independent; vesting in the sons was postponed until the death of the liferenter; no right vested in children of predeceasing sons who predeceased the liferenter.

Citation
[1921] ScotLR 2
Parties
First Parties: Mrs Todd's Trustees; Second Parties: Executors of four sons of Mrs Todd and children of Hadden William Todd; Third Parties: Representatives of two children of James Joseph Todd who survived their parent but predeceased the liferenter; Fourth Parties: Children of Gavin Thomas Todd and surviving seven children of James Joseph Todd, all of whom survived the liferenter
Jurisdiction
Scotland
Judgment Date
15 October 1921
Procedural Posture
Special Case / Judgment
Outcome
Questions 1 and 2 answered in the negative, 3 in the affirmative, 4 in the negative, and 5 in the affirmative.
Legal Topics
Vesting, Substitutional Bequest, Period of Vesting, Distribution of Estate
Succession Vesting Substitutional Bequest Period of Vesting Distribution of Estate

Case Brief

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Parties

Mrs Todd's Trustees

First Parties

Executors of four sons of Mrs Todd and children of Hadden William Todd

Second Parties

Representatives of two children of James Joseph Todd who survived their parent but predeceased the liferenter

Third Parties

Children of Gavin Thomas Todd and surviving seven children of James Joseph Todd, all of whom survived the liferenter

Fourth Parties

Procedural Posture

Special Case / Judgment

Legal Issues

  1. 1 Whether vesting in the sons was postponed to the death of the liferenter
  2. 2 Whether the gift to children of predeceasing sons was substitutional or independent
  3. 3 Whether any right vested in children of predeceasing sons who predeceased the liferenter

Ratio Decidendi

The bequest to the children of predeceasing sons was substitutional, not independent; vesting in the sons was postponed until the death of the liferenter; no right vested in children of predeceasing sons who predeceased the liferenter.

Court Disposition

Questions 1 and 2 answered in the negative, 3 in the affirmative, 4 in the negative, and 5 in the affirmative.

Orders

  • No right vested in the four sons prior to the death of the liferenter.
  • No right vested in children of predeceasing sons who predeceased the liferenter.