Howat's Trustees v. Howat and Others [1922] ScotLR 411 (24 May 1922)

Howat's Trustees v. Howat and Others [1922] ScotLR 411 (24 May 1922)

The residue vested in the son on attaining majority, as the term 'before receiving payment' refers to the period when payment is directed (majority), not actual receipt. The widow, having acquired the fee, is not entitled to immediate payment as the trustees must retain the residue to secure her alimentary annuity.

Citation
[1922] ScotLR 411
Parties
First Parties (trustees): Allan Stevenson and another, trustees of the late John Howat, Ayr; Second Party (widow): Mrs Rachel Bonpain or Howat, widow of the said John Howat; Third Parties (charitable Legatees): Ayr Branch of the Society for the Prevention of Cruelty to Children, Executive Committee, and General Secretary
Jurisdiction
Scotland
Judgment Date
24 May 1922
Procedural Posture
Special Case (trust/succession) / Inner House, First Division, Court of Session (judgment)
Outcome
First question answered in the affirmative; second and third questions answered in the negative.
Legal Topics
Vesting of Residue, Gift Over Clauses, Alimentary Annuity, Interpretation of Testamentary Directions
Succession Trusts Vesting of Residue Gift Over Clauses Alimentary Annuity Interpretation of Testamentary Directions

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Parties

Allan Stevenson and another, trustees of the late John Howat, Ayr

First Parties (trustees)

Mrs Rachel Bonpain or Howat, widow of the said John Howat

Second Party (widow)

Ayr Branch of the Society for the Prevention of Cruelty to Children, Executive Committee, and General Secretary

Third Parties (charitable Legatees)

Procedural Posture

Special Case (trust/succession) / Inner House, First Division, Court of Session (judgment)

Legal Issues

  1. 1 Did the residue of the truster's estate vest in Douglas Eusebe Howat on attaining majority?
  2. 2 Does the residue fall to be held for the third parties due to non-payment to the son?
  3. 3 Is the widow entitled to immediate payment of the residue after acquiring the fee?

Ratio Decidendi

The residue vested in the son on attaining majority, as the term 'before receiving payment' refers to the period when payment is directed (majority), not actual receipt. The widow, having acquired the fee, is not entitled to immediate payment as the trustees must retain the residue to secure her alimentary annuity.

Court Disposition

First question answered in the affirmative; second and third questions answered in the negative.

Orders

  • Residue vested in the son on attaining majority.
  • Residue does not fall to third parties under the gift-over clause.