Anderson and Others (Binnie's Trustees) v. Prendergast and Others [1910] ScotLR 271 (21 January 1910)

Anderson and Others (Binnie's Trustees) v. Prendergast and Others [1910] ScotLR 271 (21 January 1910)

Vesting of the fee in the issue of Agnes' children did not occur until the death of the last surviving liferentrix; at that point, the fund was to be divided per stirpes among the families of Agnes' children, and per capita among the members of each stirps, as indicated by the repeated use of 'equally' in the codicil and the overall testamentary scheme.

Citation
[1910] ScotLR 271
Parties
Pursuers and Real Raisers: Anderson and Others (Binnie's Trustees); Claimants/respondents: Prendergast and Others; Claimants and Reclaimers: Alexander C. Anderson and Others; Claimants and Reclaimers: Mrs Blumenthal and Others (the Henry family); Claimants: Robert A. Brook and Another (the Brook family); Claimants: Edward J. B. Craig and Another (the Binnie Craig family)
Jurisdiction
Scotland
Judgment Date
21 January 1910
Procedural Posture
Multiplepoinding and Exoneration / Inner House, Second Division, on Reclaiming Motion
Outcome
Interlocutor reclaimed against affirmed; division to be per stirpes among families and per capita within each family; vesting occurred at death of last liferentrix.
Legal Topics
Vesting Subject to Defeasance, Class Gifts Subject to Contingency, Division Per Stirpes or Per Capita, Interpretation of Testamentary Dispositions
Succession Trusts and Estates Vesting Subject to Defeasance Class Gifts Subject to Contingency Division Per Stirpes or Per Capita Interpretation of Testamentary Dispositions

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Parties

Anderson and Others (Binnie's Trustees)

Pursuers and Real Raisers

Prendergast and Others

Claimants/respondents

Alexander C. Anderson and Others

Claimants and Reclaimers

Mrs Blumenthal and Others (the Henry family)

Claimants and Reclaimers

Robert A. Brook and Another (the Brook family)

Claimants

Edward J. B. Craig and Another (the Binnie Craig family)

Claimants

Procedural Posture

Multiplepoinding and Exoneration / Inner House, Second Division, on Reclaiming Motion

Legal Issues

  1. 1 When did vesting of the fee in the issue of Agnes' children occur?
  2. 2 Should the division among beneficiaries be per stirpes or per capita?

Ratio Decidendi

Vesting of the fee in the issue of Agnes' children did not occur until the death of the last surviving liferentrix; at that point, the fund was to be divided per stirpes among the families of Agnes' children, and per capita among the members of each stirps, as indicated by the repeated use of 'equally' in the codicil and the overall testamentary scheme.

Court Disposition

Interlocutor reclaimed against affirmed; division to be per stirpes among families and per capita within each family; vesting occurred at death of last liferentrix.

Orders

  • Fund to be divided among the issue of Agnes' children per stirpes, and per capita within each stirps, as at the date of death of the last surviving liferentrix.