Allan's Trustees v. Allan [1918] ScotLR 212 (11 January 1918)

Allan's Trustees v. Allan [1918] ScotLR 212 (11 January 1918)

The share of Mary Wordie Allan vested in her a morte testatoris, subject to defeasance if she predeceased the date of distribution leaving issue; as she died unmarried and intestate, her vested share falls to be distributed as her intestate estate.

Citation
[1918] ScotLR 212
Parties
First Parties: William Smith Storie and another (Trustees of Andrew Allan); Second Party: Mrs Janet Wilson Potter or Allan (widow); Third Parties: Robert Andrew Craig Allan and others (surviving children)
Jurisdiction
Scotland
Judgment Date
11 January 1918
Procedural Posture
Special Case (succession/trust) / Inner House, First Division, Court of Session (judgment)
Outcome
Question answered in the affirmative: Mary Wordie Allan had a vested right in a share of the residue at her death.
Legal Topics
Vesting of Interests, Dies Incertus, Conditional Vesting, Defeasance, Testamentary Construction
Succession Trusts Vesting of Interests Dies Incertus Conditional Vesting Defeasance Testamentary Construction

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Parties

William Smith Storie and another (Trustees of Andrew Allan)

First Parties

Mrs Janet Wilson Potter or Allan (widow)

Second Party

Robert Andrew Craig Allan and others (surviving children)

Third Parties

Procedural Posture

Special Case (succession/trust) / Inner House, First Division, Court of Session (judgment)

Legal Issues

  1. 1 Whether Mary Wordie Allan had a vested right in a share of the residue of the trust estate at her death

Ratio Decidendi

The share of Mary Wordie Allan vested in her a morte testatoris, subject to defeasance if she predeceased the date of distribution leaving issue; as she died unmarried and intestate, her vested share falls to be distributed as her intestate estate.

Court Disposition

Question answered in the affirmative: Mary Wordie Allan had a vested right in a share of the residue at her death.

Orders

  • The share of Mary Wordie Allan in the residue of the trust estate is vested and falls to be distributed as her intestate estate.