Cordiner v. Duffus (Cordiner's Judicial Factor) and Others [1910] ScotLR 260 (20 January 1910)

Cordiner v. Duffus (Cordiner's Judicial Factor) and Others [1910] ScotLR 260 (20 January 1910)

The codicil was executed for a specific purpose unconnected with the general destination of the residue and does not modify the trust-disposition's postponement of vesting until the death of the liferentrix; therefore, no right of fee vested in Robert Charles Cordiner at his death.

Citation
[1910] ScotLR 260
Parties
Pursuer: Mrs Josephine Grote Stockwell or Cordiner; Defender: Alexander Duffus (Cordiner's Judicial Factor); Defender: Robert Grote Cordiner and Hugo Grote Cordiner (minors, represented by John W. More, tutor ad litem); Defender: Robert Gray (curator bonis to Mrs Margaret Farquharson Bus-field or Cordiner)
Jurisdiction
Scotland
Judgment Date
20 January 1910
Procedural Posture
Succession Dispute / Appeal (reclaiming Motion) From Lord Ordinary's Decision
Outcome
Defenders assoilzied (absolved); pursuer's claim refused.
Legal Topics
Vesting of Interests, Construction of Testamentary Documents, Effect of Codicils, Conditional Institution
Succession Trusts and Estates Vesting of Interests Construction of Testamentary Documents Effect of Codicils Conditional Institution

Case Brief

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Parties

Mrs Josephine Grote Stockwell or Cordiner

Pursuer

Alexander Duffus (Cordiner's Judicial Factor)

Defender

Robert Grote Cordiner and Hugo Grote Cordiner (minors, represented by John W. More, tutor ad litem)

Defender

Robert Gray (curator bonis to Mrs Margaret Farquharson Bus-field or Cordiner)

Defender

Procedural Posture

Succession Dispute / Appeal (reclaiming Motion) From Lord Ordinary's Decision

Legal Issues

  1. 1 Whether Robert Charles Cordiner acquired a vested right in the fee of the residue of William Fraser Cordiner's estate upon surviving the testator
  2. 2 Whether the codicil modified the period of vesting set by the trust-disposition and settlement

Ratio Decidendi

The codicil was executed for a specific purpose unconnected with the general destination of the residue and does not modify the trust-disposition's postponement of vesting until the death of the liferentrix; therefore, no right of fee vested in Robert Charles Cordiner at his death.

Court Disposition

Defenders assoilzied (absolved); pursuer's claim refused.

Orders

  • Lord Ordinary's interlocutor recalled in so far as it sustained the first plea-in-law for the tutor ad litem; second plea-in-law for the tutor ad litem sustained; Lord Ordinary's interlocutor otherwise affirmed.