Marshall's Trustee v. Campbell [1914] ScotLR 397 (10 March 1914)

Marshall's Trustee v. Campbell [1914] ScotLR 397 (10 March 1914)

The words 'and her heirs and successors whomsoever' and 'and her heirs and representatives' in the testator's trust-disposition did not constitute a proper destination-over suspensive of vesting. The presumption in favour of vesting at the death of the testator was not displaced by the language used. Both the heritable and pecuniary legacies vested in Catherine Marshall or Campbell a morte testatoris.

Citation
[1914] ScotLR 397
Parties
First Party: John Foster, surviving testamentary trustee of James Marshall; Second Party: Mrs Jeanie Russell or Campbell, widow of James Marshall Campbell; Third Party: Hugh Campbell, younger son of Mrs Catherine Marshall or Campbell; Fourth Parties: Mrs Margaret Campbell or M'Nair, Mrs Catherine Campbell or Malloch, and Mrs Jessie Campbell or M'Grouther
Jurisdiction
Scotland
Judgment Date
10 March 1914
Procedural Posture
Special Case (trust/succession) / Judgment of Inner House, Second Division
Outcome
Both legacies vested in Catherine Marshall or Campbell a morte testatoris.
Legal Topics
Vesting of Legacies, Interpretation of Testamentary Dispositions, Postponement of Payment, Destination of Heritable and Pecuniary Legacies
Succession Trusts and Estates Vesting of Legacies Interpretation of Testamentary Dispositions Postponement of Payment Destination of Heritable and Pecuniary Legacies

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 17 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

John Foster, surviving testamentary trustee of James Marshall

First Party

Mrs Jeanie Russell or Campbell, widow of James Marshall Campbell

Second Party

Hugh Campbell, younger son of Mrs Catherine Marshall or Campbell

Third Party

Mrs Margaret Campbell or M'Nair, Mrs Catherine Campbell or Malloch, and Mrs Jessie Campbell or M'Grouther

Fourth Parties

Procedural Posture

Special Case (trust/succession) / Judgment of Inner House, Second Division

Legal Issues

  1. 1 Whether the legacy of the dwelling-house and others in Mid Street, Bathgate, bequeathed to Catherine Marshall or Campbell and her heirs and successors vested a morte testatoris, at her death, or at the death of the liferentrix
  2. 2 Whether the legacy of £300 bequeathed to Catherine Marshall or Campbell and her heirs and representatives vested a morte testatoris, at her death, or at the death of the liferentrix

Ratio Decidendi

The words 'and her heirs and successors whomsoever' and 'and her heirs and representatives' in the testator's trust-disposition did not constitute a proper destination-over suspensive of vesting. The presumption in favour of vesting at the death of the testator was not displaced by the language used. Both the heritable and pecuniary legacies vested in Catherine Marshall or Campbell a morte testatoris.

Court Disposition

Both legacies vested in Catherine Marshall or Campbell a morte testatoris.

Orders

  • The Court answered head (a) of each of the two questions in the affirmative, confirming vesting at the death of the testator.