Shield's Trustees v. Shields Trustees [1906] ScotLR 43_623 (26 May 1906)

Shield's Trustees v. Shields Trustees [1906] ScotLR 43_623 (26 May 1906)

John Anthony Shiell's interest under his grandfather's will was not a liferent but a contingent right of fee, and therefore section 17 of the Entail Amendment (Scotland) Act 1868 did not vest in him an absolute right of property in any portion of his grandfather's estate upon attaining majority. The period of vesting and distribution was lawfully postponed by the testator's will until the death of the last surviving child.

Citation
[1906] ScotLR 43_623
Parties
First Parties (trustees of John Shiell, Testator): Shield's Trustees; Second Parties: Shields Trustees (trustees of John Anthony Shiell)
Jurisdiction
Scotland
Judgment Date
26 May 1906
Procedural Posture
Special Case (trust Law, Succession) / Judgment of the Inner House, Second Division, Court of Session
Outcome
First branch of the first question and first branch of the third question answered in the negative; other questions not answered as unnecessary.
Legal Topics
Vesting of Interests, Liferent, Contingent Fee, Entail Amendment (scotland) Act 1868, Section 17, Testamentary Trusts
Succession Trusts and Estates Property Law Vesting of Interests Liferent Contingent Fee Entail Amendment (scotland) Act 1868, Section 17 Testamentary Trusts

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Parties

Shield's Trustees

First Parties (trustees of John Shiell, Testator)

Shields Trustees (trustees of John Anthony Shiell)

Second Parties

Procedural Posture

Special Case (trust Law, Succession) / Judgment of the Inner House, Second Division, Court of Session

Legal Issues

  1. 1 Whether John Anthony Shiell had a vested interest in his grandfather's estate at his death
  2. 2 Whether his interest was a liferent within the meaning of section 17 of the Entail Amendment (Scotland) Act 1868, entitling him to absolute ownership on attaining majority

Ratio Decidendi

John Anthony Shiell's interest under his grandfather's will was not a liferent but a contingent right of fee, and therefore section 17 of the Entail Amendment (Scotland) Act 1868 did not vest in him an absolute right of property in any portion of his grandfather's estate upon attaining majority. The period of vesting and distribution was lawfully postponed by the testator's will until the death of the last surviving child.

Court Disposition

First branch of the first question and first branch of the third question answered in the negative; other questions not answered as unnecessary.

Orders

  • No vested interest in the estate for John Anthony Shiell at his death; section 17 of the Entail Amendment Act 1868 does not apply; trustees not required to pay over any share to his representatives before the period of division.