Baillie's Trustees v. Baillie's Trustee and Another [1910] ScotLR 684 (02 June 1910)

Baillie's Trustees v. Baillie's Trustee and Another [1910] ScotLR 684 (02 June 1910)

The right to the fee of the heritable estate did not vest in Sir George Baillie at the testator's death, as there was only a direction to convey on the death of the liferentrix. The person entitled is the heir-male at the date of the liferentrix's death. The special case was incompetent prior to the liferentrix's death due to the absence of a proper contradictor, as the heir-male at that future date was uncertain.

Citation
[1910] ScotLR 684
Parties
First Parties: Sir Mark J. M'Taggart Stewart and others, Trustees of the late Sir William Baillie of Polkemmet, Bart.; Second Party: Robert Selmon Whiting, trustee and executor of the late Sir George Baillie, Bart.; Third Parties: Sir Gawaine George Stuart Baillie, Baronet, and Dame Isabel Wilkie or Baillie, curator to Sir Gawaine
Jurisdiction
Scotland
Judgment Date
02 June 1910
Procedural Posture
Special Case / Judgment After Avizandum and Re Presentation Post Liferentrix's Death
Outcome
First special case dismissed as incompetent; on re-presentation after liferentrix's death, court held the heir-male at the date of the liferentrix's death entitled to the estate.
Legal Topics
Vesting of Succession, Interpretation of Testamentary Dispositions, Competency of Special Case, Proper Contradictor in Succession Cases
Succession Law Trusts and Estates Vesting of Succession Interpretation of Testamentary Dispositions Competency of Special Case Proper Contradictor in Succession Cases

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Parties

Sir Mark J. M'Taggart Stewart and others, Trustees of the late Sir William Baillie of Polkemmet, Bart.

First Parties

Robert Selmon Whiting, trustee and executor of the late Sir George Baillie, Bart.

Second Party

Sir Gawaine George Stuart Baillie, Baronet, and Dame Isabel Wilkie or Baillie, curator to Sir Gawaine

Third Parties

Procedural Posture

Special Case / Judgment After Avizandum and Re Presentation Post Liferentrix's Death

Legal Issues

  1. 1 Whether the right to the fee of the heritable estate vested in Sir George Baillie at the testator's death or was postponed until the death of the liferentrix
  2. 2 Whether the proper contradictor existed for the special case prior to the liferentrix's death

Ratio Decidendi

The right to the fee of the heritable estate did not vest in Sir George Baillie at the testator's death, as there was only a direction to convey on the death of the liferentrix. The person entitled is the heir-male at the date of the liferentrix's death. The special case was incompetent prior to the liferentrix's death due to the absence of a proper contradictor, as the heir-male at that future date was uncertain.

Court Disposition

First special case dismissed as incompetent; on re-presentation after liferentrix's death, court held the heir-male at the date of the liferentrix's death entitled to the estate.

Orders

  • First special case dismissed as incompetent due to lack of proper contradictor.
  • On re-presentation, court answered: (1) Right to fee did not vest in Sir George Baillie at testator's death (negative); (2) Sir Gawaine George Stuart Baillie now entitled to the fee of the heritable estate (affirmative).