Miller Richard's Trustees v. Miller Richard [1903] ScotLR 40_663 (09 June 1903)

Miller Richard's Trustees v. Miller Richard [1903] ScotLR 40_663 (09 June 1903)

The codicil of 13 July 1902 clearly revoked any right of fee in Herbert Miller Richard except for £2000, limiting his interest in the remainder to an alimentary liferent with only a power of disposal by will. The testator's intention was to prevent Herbert from receiving the capital, and this intention was competently and sufficiently expressed to override any prior vesting of fee. Therefore, Herbert Miller Richard was not vested in the fee of one-sixth of the residue, and the question of immediate payment did not arise.

Citation
[1903] ScotLR 40_663
Parties
Trustees (first Party): Miller Richard's Trustees; Beneficiary (second Party): Herbert Miller Richard
Jurisdiction
Scotland
Judgment Date
09 June 1903
Procedural Posture
Special Case (trust/probate) / Judgment on Questions of Law
Outcome
First question of law answered in the negative; second question not answered as unnecessary.
Legal Topics
Vesting of Interests, Fee or Liferent, Revocation by Codicil, Alimentary Liferent, Repugnancy in Testamentary Instruments
Succession Trusts and Estates Vesting of Interests Fee or Liferent Revocation by Codicil Alimentary Liferent Repugnancy in Testamentary Instruments

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Parties

Miller Richard's Trustees

Trustees (first Party)

Herbert Miller Richard

Beneficiary (second Party)

Procedural Posture

Special Case (trust/probate) / Judgment on Questions of Law

Legal Issues

  1. 1 Whether Herbert Miller Richard was vested in the fee of one-sixth of the residue under the trust-disposition and settlement, subject to deduction of £400
  2. 2 Whether, if so vested, he was entitled to immediate payment of his share

Ratio Decidendi

The codicil of 13 July 1902 clearly revoked any right of fee in Herbert Miller Richard except for £2000, limiting his interest in the remainder to an alimentary liferent with only a power of disposal by will. The testator's intention was to prevent Herbert from receiving the capital, and this intention was competently and sufficiently expressed to override any prior vesting of fee. Therefore, Herbert Miller Richard was not vested in the fee of one-sixth of the residue, and the question of immediate payment did not arise.

Court Disposition

First question of law answered in the negative; second question not answered as unnecessary.

Orders

  • Herbert Miller Richard is not vested in the fee of one-sixth of the residue under the trust-disposition and settlement, subject to deduction of £400.
  • No order as to immediate payment, as the first question was answered in the negative.