Yule's Trustees v. Deans and Others [1919] ScotLR 541 (27 June 1919)

Yule's Trustees v. Deans and Others [1919] ScotLR 541 (27 June 1919)

The legacies vested a morte testatoris, subject to defeasance only if the testator's son recovered sanity. As this did not occur, the representatives of predeceasing legatees were entitled to the legacies. The will did not express or imply a condition requiring legatees to survive the son, and the doctrine of vesting subject to defeasance applied.

Citation
[1919] ScotLR 541
Parties
First Parties: John Dawson and others, testamentary trustees of Robert Yule (the testator); Second Party: Mrs Elizabeth Mechie or Deans, universal legatee of Margaret Yule, with consent; Third Parties: James Will and another, as in right of legatees under the testator's trust-disposition and settlement; Fourth Parties: Royal Infirmary of Edinburgh, residuary legatee
Jurisdiction
Scotland
Judgment Date
27 June 1919
Procedural Posture
Special Case / Inner House, First Division, Court of Session, Judgment
Outcome
Legatees who predeceased the son took a vested right to their legacies subject to defeasance; their representatives are entitled to the legacies.
Legal Topics
Vesting of Legacies, Vesting Subject to Defeasance, Conditional Bequests, Interpretation of Wills
Succession Law Trusts and Estates Vesting of Legacies Vesting Subject to Defeasance Conditional Bequests Interpretation of Wills

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Parties

John Dawson and others, testamentary trustees of Robert Yule (the testator)

First Parties

Mrs Elizabeth Mechie or Deans, universal legatee of Margaret Yule, with consent

Second Party

James Will and another, as in right of legatees under the testator's trust-disposition and settlement

Third Parties

Royal Infirmary of Edinburgh, residuary legatee

Fourth Parties

Procedural Posture

Special Case / Inner House, First Division, Court of Session, Judgment

Legal Issues

  1. 1 Whether legacies under the will vested a morte testatoris subject to defeasance if the testator's son recovered sanity
  2. 2 Whether vesting of legacies was postponed until the death of the testator's son

Ratio Decidendi

The legacies vested a morte testatoris, subject to defeasance only if the testator's son recovered sanity. As this did not occur, the representatives of predeceasing legatees were entitled to the legacies. The will did not express or imply a condition requiring legatees to survive the son, and the doctrine of vesting subject to defeasance applied.

Court Disposition

Legatees who predeceased the son took a vested right to their legacies subject to defeasance; their representatives are entitled to the legacies.

Orders

  • Second question of law answered in the affirmative, with explanation that Margaret Yule's legacy vested at the death of Mrs Yule.
  • Third question of law answered in the negative.