Coulson's Trustees v. Coulson and Others [1911] ScotLR 814 (09 June 1911)

Coulson's Trustees v. Coulson and Others [1911] ScotLR 814 (09 June 1911)

The legacies and shares of residue vested in the testator's sons a morte testatoris, but subject to defeasance in the event of a son predeceasing the liferentrix either leaving issue or survived by a widow. The doctrine of vesting subject to defeasance applies even where more than one alternative contingency is contemplated.

Citation
[1911] ScotLR 814
Parties
First Parties: John Laurie Coulson and others, testamentary trustees of George Francis Coulson; Second Parties: John Laurie Coulson (son of testator), Frank William Coulson and others, testamentary trustees of Frank Coulson; Third Parties: Edwin George Coulson and others, children of Frank William Coulson; Fourth Parties: George Francis Laurie Coulson and another, pupil children of George Francis Coulson junior; Fifth Parties: John Laurie Coulson and another, testamentary trustees of Alfred Henry Coulson; Sixth Party: Charles Callam Coulson; Seventh Party: William Arthur Coulson; Eighth Party: Janetta Isabella Laurie Coulson
Jurisdiction
Scotland
Judgment Date
09 June 1911
Procedural Posture
Special Case (construction of Will) / Inner House, Second Division, Court of Session
Outcome
Heads (a) and (c) of the question answered in the negative; head (b) answered in the affirmative.
Legal Topics
Vesting of Legacies, Defeasance, Conditional Institution, Interpretation of Testamentary Dispositions
Succession Trusts and Estates Vesting of Legacies Defeasance Conditional Institution Interpretation of Testamentary Dispositions

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Parties

John Laurie Coulson and others, testamentary trustees of George Francis Coulson

First Parties

John Laurie Coulson (son of testator), Frank William Coulson and others, testamentary trustees of Frank Coulson

Second Parties

Edwin George Coulson and others, children of Frank William Coulson

Third Parties

George Francis Laurie Coulson and another, pupil children of George Francis Coulson junior

Fourth Parties

John Laurie Coulson and another, testamentary trustees of Alfred Henry Coulson

Fifth Parties

Charles Callam Coulson

Sixth Party

William Arthur Coulson

Seventh Party

Janetta Isabella Laurie Coulson

Eighth Party

Procedural Posture

Special Case (construction of Will) / Inner House, Second Division, Court of Session

Legal Issues

  1. 1 Whether legacies and shares of residue vested in the testator's sons a morte testatoris absolutely, subject to defeasance, or only at time of payment

Ratio Decidendi

The legacies and shares of residue vested in the testator's sons a morte testatoris, but subject to defeasance in the event of a son predeceasing the liferentrix either leaving issue or survived by a widow. The doctrine of vesting subject to defeasance applies even where more than one alternative contingency is contemplated.

Court Disposition

Heads (a) and (c) of the question answered in the negative; head (b) answered in the affirmative.

Orders

  • Declare that the legacies and shares of residue vested in the testator's sons a morte testatoris, subject to defeasance in the event of predeceasing the liferentrix leaving issue or survived by a widow.