M'Donald's Trustees v. M'Donald's Trustees [1906] ScotLR 44_49 (10 November 1906)

M'Donald's Trustees v. M'Donald's Trustees [1906] ScotLR 44_49 (10 November 1906)

The Court held that the presumption that 'heir-at-law' means the person at the testator's death was not displaced by the terms of the deed. As James M'Donald was the heir-at-law at the testator's death and survived him, the property vested in him a morte testatoris and passed under his settlement. The destination-over became inoperative as the contingencies did not occur.

Citation
[1906] ScotLR 44_49
Parties
First Parties: Reverend John Smith Sloss and others (Trustees under the testator's settlement); Second Parties: Trustees of John M'Donald (his widow and son); Third Party: Alexander M'Donald
Jurisdiction
Scotland
Judgment Date
10 November 1906
Procedural Posture
Special Case (succession/trust) / Judgment of the Inner House, Second Division
Outcome
The Court answered the first alternative in the affirmative and the second in the negative, holding that the property vested in James M'Donald a morte testatoris and passed under his settlement.
Legal Topics
Vesting of Heritable Property, Heir at Law Determination, Interpretation of Testamentary Dispositions
Succession Trusts and Estates Vesting of Heritable Property Heir at Law Determination Interpretation of Testamentary Dispositions

Case Brief

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Parties

Reverend John Smith Sloss and others (Trustees under the testator's settlement)

First Parties

Trustees of John M'Donald (his widow and son)

Second Parties

Alexander M'Donald

Third Party

Procedural Posture

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

Legal Issues

  1. 1 Whether heritable property vested in the testator's son James M'Donald at the testator's death or only upon the death of the liferentrix
  2. 2 Whether 'heir-at-law' refers to the person at the testator's death or at the death of the liferentrix

Ratio Decidendi

The Court held that the presumption that 'heir-at-law' means the person at the testator's death was not displaced by the terms of the deed. As James M'Donald was the heir-at-law at the testator's death and survived him, the property vested in him a morte testatoris and passed under his settlement. The destination-over became inoperative as the contingencies did not occur.

Court Disposition

The Court answered the first alternative in the affirmative and the second in the negative, holding that the property vested in James M'Donald a morte testatoris and passed under his settlement.

Orders

  • Property vested in James M'Donald at the testator's death and passed to the second parties under subsequent settlements.