Matheson's Trustees v. Matheson [1900] ScotLR 37_409 (02 February 1900)

Matheson's Trustees v. Matheson [1900] ScotLR 37_409 (02 February 1900)

The share of the estate destined to William James Matheson vested in him at the death of the testator and was carried by his trust-disposition and settlement to his trustees. The will's terms and the absence of survivorship or accretion clauses, together with the presumption in favour of vesting and against intestacy, indicated the testator's intention for immediate vesting.

Citation
[1900] ScotLR 37_409
Parties
First Party: Robert Matheson's Trustees; Second Party: William James Matheson's Trustees; Third Party: William James Matheson's Children
Jurisdiction
Scotland
Judgment Date
02 February 1900
Procedural Posture
Special Case (succession) / Judgment (inner House, Second Division)
Outcome
First question answered in the affirmative; share vested in William James Matheson and passed to his trustees.
Legal Topics
Vesting of Shares, Conditional Institution, Survivorship, Testamentary Intention
Succession Trusts and Estates Vesting of Shares Conditional Institution Survivorship Testamentary Intention

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Parties

Robert Matheson's Trustees

First Party

William James Matheson's Trustees

Second Party

William James Matheson's Children

Third Party

Procedural Posture

Special Case (succession) / Judgment (inner House, Second Division)

Legal Issues

  1. 1 Did the share of the late Robert Matheson's estate destined to William James Matheson vest in him and pass to his trustees, or did it fall to be transferred to his children?

Ratio Decidendi

The share of the estate destined to William James Matheson vested in him at the death of the testator and was carried by his trust-disposition and settlement to his trustees. The will's terms and the absence of survivorship or accretion clauses, together with the presumption in favour of vesting and against intestacy, indicated the testator's intention for immediate vesting.

Court Disposition

First question answered in the affirmative; share vested in William James Matheson and passed to his trustees.

Orders

  • The share of Robert Matheson's estate destined to William James Matheson vested in him and was carried by his trust-disposition and settlement to his trustees.