Addie's Trustees v. Addie and Others [1913] ScotLR 586 (28 February 1913)

Addie's Trustees v. Addie and Others [1913] ScotLR 586 (28 February 1913)

The Court held that the gift to issue was substitutional and not independent; therefore, the condition of surviving the liferenter applied to both the testator's children and their issue. Vesting only occurred in those who survived the liferenter. Issue who survived their parent but predeceased the liferenter did not take a vested interest.

Citation
[1913] ScotLR 586
Parties
First Parties: Addie's Trustees; Second Parties: George Addie, Miss Marion Addie, and George Dalziel (curator bonis to Alexander Addie); Third Parties: Mrs Mary Seton Jackson or Villiers and her siblings; Fourth Party: Mrs Mary Slater or Baird Jackson (executrix of James Baird Jackson); Fifth Parties: George Addie and another (trustees of Alexander Dunbar Fyfe)
Jurisdiction
Scotland
Judgment Date
28 February 1913
Procedural Posture
Special Case (court of Session, First Division) / Judgment on Construction of Testamentary Clause
Outcome
First alternative of the question of law answered in the affirmative; second alternative answered in the negative.
Legal Topics
Vesting of Interests, Substitutional Vs. Original Gifts, Survivorship Conditions, Construction of Wills
Succession Trusts and Estates Vesting of Interests Substitutional Vs. Original Gifts Survivorship Conditions Construction of Wills

Case Brief

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Parties

Addie's Trustees

First Parties

George Addie, Miss Marion Addie, and George Dalziel (curator bonis to Alexander Addie)

Second Parties

Mrs Mary Seton Jackson or Villiers and her siblings

Third Parties

Mrs Mary Slater or Baird Jackson (executrix of James Baird Jackson)

Fourth Party

George Addie and another (trustees of Alexander Dunbar Fyfe)

Fifth Parties

Procedural Posture

Special Case (court of Session, First Division) / Judgment on Construction of Testamentary Clause

Legal Issues

  1. 1 Whether the condition of surviving the liferenter applied only to the testator's children or also to their issue
  2. 2 Whether the gift to issue was substitutional or independent
  3. 3 Whether vesting occurred in issue who survived their parent but predeceased the liferenter

Ratio Decidendi

The Court held that the gift to issue was substitutional and not independent; therefore, the condition of surviving the liferenter applied to both the testator's children and their issue. Vesting only occurred in those who survived the liferenter. Issue who survived their parent but predeceased the liferenter did not take a vested interest.

Court Disposition

First alternative of the question of law answered in the affirmative; second alternative answered in the negative.

Orders

  • Vesting of the share of residue liferented by Robert Addie occurred only in the testator's children who survived the liferenter and the issue of predeceasing children who also survived the liferenter.
  • Issue who survived their parent but predeceased the liferenter did not take a vested interest.