Watson's Trustees v. Watson [1902] ScotLR 39_628 (17 May 1902)

Watson's Trustees v. Watson [1902] ScotLR 39_628 (17 May 1902)

The right to a pro indiviso share of the heritable subjects vested in the deceased sons when they attained age 23, and the scheme of the will required realisation and payment in money, not conveyance of heritage. The trust could only be executed by sale and payment of shares as they became due. Therefore, constructive conversion applied, and the interests were moveable, passing to heirs in mobilibus.

Citation
[1902] ScotLR 39_628
Parties
First Party: Watson's Trustees; Second Party (heir at Law): James Mitchell Watson; Third Party: Next-of-kin and heirs in mobilibus of Andrew Muir Watson and Alexander Pollock Watson
Jurisdiction
Scotland
Judgment Date
17 May 1902
Procedural Posture
Special Case (trust/succession) / Judgment of the Inner House, First Division, Court of Session
Outcome
First question answered in the affirmative; second branch of third question answered in the affirmative; remaining questions not answered as unnecessary.
Legal Topics
Vesting of Interests, Constructive Conversion, Heritable and Moveable Property, Trustee Powers, Distribution of Estate
Succession Trusts and Estates Property Law Vesting of Interests Constructive Conversion Heritable and Moveable Property Trustee Powers Distribution of Estate

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Parties

Watson's Trustees

First Party

James Mitchell Watson

Second Party (heir at Law)

Next-of-kin and heirs in mobilibus of Andrew Muir Watson and Alexander Pollock Watson

Third Party

Procedural Posture

Special Case (trust/succession) / Judgment of the Inner House, First Division, Court of Session

Legal Issues

  1. 1 Whether a pro indiviso share of heritable subjects vested in the deceased sons during their lifetimes
  2. 2 Whether the interests in the heritable subjects were heritable or moveable as to succession

Ratio Decidendi

The right to a pro indiviso share of the heritable subjects vested in the deceased sons when they attained age 23, and the scheme of the will required realisation and payment in money, not conveyance of heritage. The trust could only be executed by sale and payment of shares as they became due. Therefore, constructive conversion applied, and the interests were moveable, passing to heirs in mobilibus.

Court Disposition

First question answered in the affirmative; second branch of third question answered in the affirmative; remaining questions not answered as unnecessary.

Orders

  • Declared that a right to a pro indiviso share of the heritable subjects vested in the deceased sons during their lifetimes.
  • Declared that their interests in the heritable subjects were moveable rights passing to their respective heirs in mobilibus.