Steel's Trustees v. Steedman's Executor [1902] ScotLR 40_202 (13 December 1902)

Steel's Trustees v. Steedman's Executor [1902] ScotLR 40_202 (13 December 1902)

The Court held that under the will, a share of the residue liferented by the testator's daughter vested in each of her children at birth, including Catherine Steedman, as the words 'dying without issue' meant 'dying without having had issue.' The scheme of the settlement necessitated sale of the heritable estate, so the shares were moveable.

Citation
[1902] ScotLR 40_202
Parties
Trustees Under Robert Steel's Trust Disposition and Settlement: Steel's Trustees; Executor Dative of Rev. William Steedman (second Party): Steedman's Executor; Heir at Law of Catherine Steedman (third Party): Thomas Steedman; Fourth Party: Other brothers and sisters of Catherine Steedman
Jurisdiction
Scotland
Judgment Date
13 December 1902
Procedural Posture
Special Case (succession/trusts) / Judgment of the Inner House, First Division
Outcome
First and second questions answered in the affirmative; other questions unnecessary to answer.
Legal Topics
Vesting of Interests, Constructive Conversion, Alimentary Liferent, Destination Over Clauses, Heritable and Moveable Property
Succession Trusts and Estates Vesting of Interests Constructive Conversion Alimentary Liferent Destination Over Clauses Heritable and Moveable Property

Case Brief

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Parties

Steel's Trustees

Trustees Under Robert Steel's Trust Disposition and Settlement

Steedman's Executor

Executor Dative of Rev. William Steedman (second Party)

Thomas Steedman

Heir at Law of Catherine Steedman (third Party)

Other brothers and sisters of Catherine Steedman

Fourth Party

Procedural Posture

Special Case (succession/trusts) / Judgment of the Inner House, First Division

Legal Issues

  1. 1 Whether Catherine Steedman took a vested interest in a share of the residue of the estate
  2. 2 Whether the share was wholly moveable or partly heritable

Ratio Decidendi

The Court held that under the will, a share of the residue liferented by the testator's daughter vested in each of her children at birth, including Catherine Steedman, as the words 'dying without issue' meant 'dying without having had issue.' The scheme of the settlement necessitated sale of the heritable estate, so the shares were moveable.

Court Disposition

First and second questions answered in the affirmative; other questions unnecessary to answer.

Orders

  • A right to a share of the residue of the estate of the testator vested in Catherine Steedman at the time of her death.
  • The share which vested in Catherine Steedman was wholly moveable.