M'Ewan's M.-C. Trustees v. Macdonald's M.-C. Trustees and Others [1908] ScotLR 31 (04 November 1908)

M'Ewan's M.-C. Trustees v. Macdonald's M.-C. Trustees and Others [1908] ScotLR 31 (04 November 1908)

Vesting of Mrs Macdonald's share in her mother's estate did not occur until the death of her father, the surviving spouse; her marriage contract did not carry her spes successionis to her marriage-contract trustees as there was no clear intention in the deed to include it.

Citation
[1908] ScotLR 31
Parties
First Parties: Duncan Wilkie Paterson and others, trustees under the antenuptial contract of marriage between Rev. John M'Ewan and Miss Mary Crawford; Second Parties: Duncan Wilkie Paterson and others, trustees under the antenuptial contract of marriage between Rev. Kenneth Macdonald and Miss Margaret Steven M'Ewan; Third Parties: Mrs Margaret Steven M'Ewan or Macdonald and Kenneth John Macdonald
Jurisdiction
Scotland
Judgment Date
04 November 1908
Procedural Posture
Special Case for Opinion of the Court / Judgment
Outcome
Court answered first question in the negative, second in the affirmative, branch (a) of third in the negative, and found it unnecessary to answer branch (b) or question four.
Legal Topics
Vesting of Interests, Marriage Contract, Spes Successionis, Construction of Deeds
Succession Trusts Family Law Vesting of Interests Marriage Contract Spes Successionis Construction of Deeds

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Parties

Duncan Wilkie Paterson and others, trustees under the antenuptial contract of marriage between Rev. John M'Ewan and Miss Mary Crawford

First Parties

Duncan Wilkie Paterson and others, trustees under the antenuptial contract of marriage between Rev. Kenneth Macdonald and Miss Margaret Steven M'Ewan

Second Parties

Mrs Margaret Steven M'Ewan or Macdonald and Kenneth John Macdonald

Third Parties

Procedural Posture

Special Case for Opinion of the Court / Judgment

Legal Issues

  1. 1 When did the share of Mrs Mary Crawford or M'Ewan's estate vest in her daughter Mrs Margaret Steven M'Ewan or Macdonald?
  2. 2 Was a spes successionis carried by Mrs Macdonald's antenuptial contract to her marriage-contract trustees?
  3. 3 If so, was the conveyance effectual to entitle the second parties to receive payment of the funds in dispute?

Ratio Decidendi

Vesting of Mrs Macdonald's share in her mother's estate did not occur until the death of her father, the surviving spouse; her marriage contract did not carry her spes successionis to her marriage-contract trustees as there was no clear intention in the deed to include it.

Court Disposition

Court answered first question in the negative, second in the affirmative, branch (a) of third in the negative, and found it unnecessary to answer branch (b) or question four.

Orders

  • Mrs Macdonald's share did not vest at majority but at her father's death.
  • Spes successionis was not carried by her marriage contract to her trustees.