Webster's Trustees v. Webster [1900] ScotLR 37_493 (02 March 1900)

Webster's Trustees v. Webster [1900] ScotLR 37_493 (02 March 1900)

The Court held that the testator's intention, as expressed in the will, was that vesting of the residue in the named beneficiaries occurred at his death, not at the later period of distribution. The survivorship clause was controlled by subsequent words indicating that only if all three named beneficiaries predeceased the testator would the residue go elsewhere. Therefore, Margaret Webster or Neil's share vested at the testator's death and passed to her administrator. Interest on the £2500 legacy to the Presbytery of Edinburgh fell into residue until the legacy became payable.

Citation
[1900] ScotLR 37_493
Parties
Pursuers and Nominal Raisers: Webster's Trustees; Claimants and Reclaimers: John Webster and William Webster; Claimant and Respondent: Dr Duncan Neil (administrator of Margaret Webster or Neil)
Jurisdiction
Scotland
Judgment Date
02 March 1900
Procedural Posture
Multiplepoinding (distribution of Estate) / Inner House, Second Division, Court of Session (appeal/reclaiming Motion)
Outcome
Appeal dismissed; judgment of Lord Ordinary adhered to.
Legal Topics
Vesting of Legacies, Survivorship Clause, Interpretation of Wills, Postponed Payment of Residue, Interest on Legacy
Succession Law Trusts and Estates Vesting of Legacies Survivorship Clause Interpretation of Wills Postponed Payment of Residue Interest on Legacy

Case Brief

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Parties

Webster's Trustees

Pursuers and Nominal Raisers

John Webster and William Webster

Claimants and Reclaimers

Dr Duncan Neil (administrator of Margaret Webster or Neil)

Claimant and Respondent

Procedural Posture

Multiplepoinding (distribution of Estate) / Inner House, Second Division, Court of Session (appeal/reclaiming Motion)

Legal Issues

  1. 1 Whether the survivorship clause in the will postponed vesting of the residue until the period of distribution or referred to the testator's death
  2. 2 Whether Margaret Webster or Neil's share in the residue vested upon the testator's death or lapsed due to her predeceasing the period of distribution
  3. 3 Whether interest accruing on the £2500 legacy to the Presbytery of Edinburgh fell into residue or was to be accumulated for the legatee

Ratio Decidendi

The Court held that the testator's intention, as expressed in the will, was that vesting of the residue in the named beneficiaries occurred at his death, not at the later period of distribution. The survivorship clause was controlled by subsequent words indicating that only if all three named beneficiaries predeceased the testator would the residue go elsewhere. Therefore, Margaret Webster or Neil's share vested at the testator's death and passed to her administrator. Interest on the £2500 legacy to the Presbytery of Edinburgh fell into residue until the legacy became payable.

Court Disposition

Appeal dismissed; judgment of Lord Ordinary adhered to.

Orders

  • Sustains the claim of the trustees to £2500 for the Presbytery of Edinburgh and £200 for administration expenses, but not to interest on the £2500.
  • Sustains the claim of Dr Duncan Neil to one-third of the residue after deduction of £2500.