Turnbull'S Trustees v. Turnbull's Trustees [1900] ScotLR 37_906 (12 July 1900)

Turnbull'S Trustees v. Turnbull's Trustees [1900] ScotLR 37_906 (12 July 1900)

The trustees exercised their power to restrict William Turnbull's interest to a liferent and did not withdraw that restriction. Therefore, no right of fee vested in him. On his death without issue, the share liferented by him fell into the intestate succession of the testator.

Citation
[1900] ScotLR 37_906
Parties
First Party: Trustees under the testator William Turnbull's trust-disposition; Second Party: Trustees under James Turnbull's trust-disposition and settlement; Third Party: Elizabeth Turnbull; Fourth Party: Widow of John Turnbull
Jurisdiction
Scotland
Judgment Date
12 July 1900
Procedural Posture
Special Case (trust/succession) / Judgment of Inner House, Second Division
Outcome
The share liferented by William Turnbull fell into the intestate succession of the testator; the fee did not vest in William or his sister.
Legal Topics
Vesting of Fee, Liferent, Intestacy, Trustee Powers, Beneficiary Rights
Succession Trusts and Estates Vesting of Fee Liferent Intestacy Trustee Powers Beneficiary Rights

Case Brief

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Parties

Trustees under the testator William Turnbull's trust-disposition

First Party

Trustees under James Turnbull's trust-disposition and settlement

Second Party

Elizabeth Turnbull

Third Party

Widow of John Turnbull

Fourth Party

Procedural Posture

Special Case (trust/succession) / Judgment of Inner House, Second Division

Legal Issues

  1. 1 Whether the fee of the share liferented by William Turnbull vested in him or his sister, or fell into intestacy on his death without issue
  2. 2 Effect of trustees' exercise of power to restrict beneficiary's interest to liferent

Ratio Decidendi

The trustees exercised their power to restrict William Turnbull's interest to a liferent and did not withdraw that restriction. Therefore, no right of fee vested in him. On his death without issue, the share liferented by him fell into the intestate succession of the testator.

Court Disposition

The share liferented by William Turnbull fell into the intestate succession of the testator; the fee did not vest in William or his sister.

Orders

  • First question (does the share fall into intestacy?) answered in the affirmative.
  • Second question (does the fee vest in the third party?) answered in the negative.