Dixon's Trustees v. Duneher [1917] ScotLR 131 (23 November 1917)

Dixon's Trustees v. Duneher [1917] ScotLR 131 (23 November 1917)

No right could vest in the grandchildren at a date sooner than that at which it would have vested in their father, the institute, and as no right could have vested in him during the life of his mother, no right had yet vested in them.

Citation
[1917] ScotLR 131
Parties
First Party: G. A. D. Kirkland (Trustee); Third Party: Alice Margaret Alexandrina Shirer or Dixon, now Mrs H. G. Duneher; Fifth Party: Camille Clifford Dixon (daughter of George Clifford Dixon); Sixth Party: William Gair Chrystal, C. A., factor loco tutoris to George Ian Paring Dixon (son of George Clifford Dixon)
Jurisdiction
Scotland
Judgment Date
23 November 1917
Procedural Posture
Special Case (court of Session, Inner House, Second Division) / Judgment on Questions of Law Regarding Succession and Vesting Under Marriage Contract
Outcome
The Court answered the question of whether the fee of the funds was now vested in the grandchildren in the negative. No right vested in the grandchildren prior to the death of the liferentrix.
Legal Topics
Vesting of Interests, Conditio Si Sine Liberis, Marriage Contract Interpretation
Succession Trusts and Estates Family Law Vesting of Interests Conditio Si Sine Liberis Marriage Contract Interpretation

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Parties

G. A. D. Kirkland (Trustee)

First Party

Alice Margaret Alexandrina Shirer or Dixon, now Mrs H. G. Duneher

Third Party

Camille Clifford Dixon (daughter of George Clifford Dixon)

Fifth Party

William Gair Chrystal, C. A., factor loco tutoris to George Ian Paring Dixon (son of George Clifford Dixon)

Sixth Party

Procedural Posture

Special Case (court of Session, Inner House, Second Division) / Judgment on Questions of Law Regarding Succession and Vesting Under Marriage Contract

Legal Issues

  1. 1 Whether the fee of the trust funds vested in the grandchildren of the marriage prior to the death of the liferentrix (Mrs Duneher)
  2. 2 Whether the third party (Mrs Duneher) was entitled to immediate payment of the capital
  3. 3 Whether the trustee was bound to retain the capital pending survival and majority/marriage of the grandchildren

Ratio Decidendi

No right could vest in the grandchildren at a date sooner than that at which it would have vested in their father, the institute, and as no right could have vested in him during the life of his mother, no right had yet vested in them.

Court Disposition

The Court answered the question of whether the fee of the funds was now vested in the grandchildren in the negative. No right vested in the grandchildren prior to the death of the liferentrix.

Orders

  • Trustee is not to pay out the capital to the third party or the grandchildren; capital must be retained until the death of the third party or failure of all issue.