Cowan's Trustees v. Cowan [1913] ScotLR 711 (04 June 1913)

Cowan's Trustees v. Cowan [1913] ScotLR 711 (04 June 1913)

The testator's direction to 'divide equally among' the beneficiaries imported a gift to each, and the subsequent direction to hold for liferent did not displace the original gift except as necessary for the liferent or fee provisions. As Peter Cowan died unmarried and without issue, the fee vested absolutely in him and formed part of his estate at death.

Citation
[1913] ScotLR 711
Parties
First Party: Alexander Cowan (as trustee and executor of Andrew Cowan senior); Second Party: Alexander Cowan (as individual); Third Party: Mrs Mary Cowan or Jardine (with Peter Jardine); Fourth Parties: Mrs Mary Dobbie Cowan or Sinclair (with Duncan Sinclair) and others
Jurisdiction
Scotland
Judgment Date
04 June 1913
Procedural Posture
Special Case (interpretation of Testamentary Disposition) / Court of Session Inner House, Second Division Judgment
Outcome
The Court answered that the fee of the share of residue vested in Peter Cowan (affirmative to head (a)), and not in the residue or as intestate estate (negative to heads (b) and (c)).
Legal Topics
Vesting of Legacy, Liferent or Fee, Interpretation of Testamentary Dispositions, Intestacy
Succession Law Vesting of Legacy Liferent or Fee Interpretation of Testamentary Dispositions Intestacy

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Parties

Alexander Cowan (as trustee and executor of Andrew Cowan senior)

First Party

Alexander Cowan (as individual)

Second Party

Mrs Mary Cowan or Jardine (with Peter Jardine)

Third Party

Mrs Mary Dobbie Cowan or Sinclair (with Duncan Sinclair) and others

Fourth Parties

Procedural Posture

Special Case (interpretation of Testamentary Disposition) / Court of Session Inner House, Second Division Judgment

Legal Issues

  1. 1 Whether the fee of the share of residue which effeired to Peter Cowan vested in him, fell into residue, or formed intestate estate of the testator

Ratio Decidendi

The testator's direction to 'divide equally among' the beneficiaries imported a gift to each, and the subsequent direction to hold for liferent did not displace the original gift except as necessary for the liferent or fee provisions. As Peter Cowan died unmarried and without issue, the fee vested absolutely in him and formed part of his estate at death.

Court Disposition

The Court answered that the fee of the share of residue vested in Peter Cowan (affirmative to head (a)), and not in the residue or as intestate estate (negative to heads (b) and (c)).

Orders

  • The fee of the share of residue which effeired to Peter Cowan vested in him.
  • The share did not fall into residue nor form intestate estate.