Wilson's Trustees v. Mackenzie and Others [1924] ScotLR 423 (20 March 1924)

Wilson's Trustees v. Mackenzie and Others [1924] ScotLR 423 (20 March 1924)

The Court held, by majority, that the testator's intention was to postpone vesting in the fee of William Wilson's share until the termination of both liferent interests (William and his widow). The word 'thereafter' in the settlement was decisive, marking that no right to the fee would emerge until both liferents expired. Accordingly, the heirs of William Wilson were to be ascertained at the date of the widow's death (1922), and not at William's death (1884).

Citation
[1924] ScotLR 423
Parties
Claimant and Reclaimer: Mrs Coralie Mabel Lloyd Williams or Wilson or Mackenzie; Claimants and Respondents: Rev. J. B. Wilson and Others; Pursuers and Real Raisers: John James Moubray and Others (testamentary trustees of John Wilson)
Jurisdiction
Scotland
Judgment Date
20 March 1924
Procedural Posture
Succession Dispute (trust and Vesting) / Reclaiming Motion (appeal) in the Inner House, Second Division
Outcome
Reclaiming note refused; Lord Ordinary's decision adhered to by majority.
Legal Topics
Vesting of Interests, Interpretation of Testamentary Dispositions, Timing of Ascertainment of Heirs, Survivorship Clauses, Destination Over Clauses
Succession Law Trusts and Estates Vesting of Interests Interpretation of Testamentary Dispositions Timing of Ascertainment of Heirs Survivorship Clauses Destination Over Clauses

Case Brief

Summary, issues, holding and outcome

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Parties

Mrs Coralie Mabel Lloyd Williams or Wilson or Mackenzie

Claimant and Reclaimer

Rev. J. B. Wilson and Others

Claimants and Respondents

John James Moubray and Others (testamentary trustees of John Wilson)

Pursuers and Real Raisers

Procedural Posture

Succession Dispute (trust and Vesting) / Reclaiming Motion (appeal) in the Inner House, Second Division

Legal Issues

  1. 1 Whether the fee of William Wilson's share in his father's estate vested at William's death or was postponed until the death of his widow
  2. 2 Whether the heirs of William Wilson are to be ascertained at his death or at the expiry of the liferents

Ratio Decidendi

The Court held, by majority, that the testator's intention was to postpone vesting in the fee of William Wilson's share until the termination of both liferent interests (William and his widow). The word 'thereafter' in the settlement was decisive, marking that no right to the fee would emerge until both liferents expired. Accordingly, the heirs of William Wilson were to be ascertained at the date of the widow's death (1922), and not at William's death (1884).

Court Disposition

Reclaiming note refused; Lord Ordinary's decision adhered to by majority.

Orders

  • The claim of the nearest lawful heirs of William Wilson as at 21 November 1922 is sustained.
  • Expenses to all parties as between agent and client out of the fund.