Brash v. Brash [1915] ScotLR 205 (14 December 1915)

Brash v. Brash [1915] ScotLR 205 (14 December 1915)

The trustees are bound to convey the property to Thomas William Brash in liferent only, and to his children born and to be born (other than the two eldest daughters) in fee, as the testator's intention was clear and the rule of Frog's Creditors does not apply to this executry trust scenario.

Citation
[1915] ScotLR 205
Parties
Testamentary Trustees of Thomas Brash (first Parties): Thomas William Brash and others; Two Eldest and Only Surviving Children of Thomas William Brash by His First Marriage (second Parties): Mrs Elizabeth Ellen Brash or Phillipson and Mrs Marion Wight-man Brash or Brewer; Children of Thomas William Brash by His Second Marriage (third Parties): Hilda Mary Brash, Annie Rickerby Brash, and Jessie Ronald Brash; Son of the Deceased, as an Individual (fourth Party): Thomas William Brash
Jurisdiction
Scotland
Judgment Date
14 December 1915
Procedural Posture
Special Case / Judgment
Outcome
First question answered in the negative, second in the affirmative, third (a) in the negative, third (b) in the affirmative.
Legal Topics
Will Interpretation, Executry Trust, Fee and Liferent
Succession Trusts Will Interpretation Executry Trust Fee and Liferent

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Parties

Thomas William Brash and others

Testamentary Trustees of Thomas Brash (first Parties)

Mrs Elizabeth Ellen Brash or Phillipson and Mrs Marion Wight-man Brash or Brewer

Two Eldest and Only Surviving Children of Thomas William Brash by His First Marriage (second Parties)

Hilda Mary Brash, Annie Rickerby Brash, and Jessie Ronald Brash

Children of Thomas William Brash by His Second Marriage (third Parties)

Thomas William Brash

Son of the Deceased, as an Individual (fourth Party)

Procedural Posture

Special Case / Judgment

Legal Issues

  1. 1 Whether Thomas William Brash is entitled to a conveyance of property in absolute fee or restricted to liferent only
  2. 2 Whether trustees are bound to convey property to Thomas William Brash in liferent only and to his children in fee

Ratio Decidendi

The trustees are bound to convey the property to Thomas William Brash in liferent only, and to his children born and to be born (other than the two eldest daughters) in fee, as the testator's intention was clear and the rule of Frog's Creditors does not apply to this executry trust scenario.

Court Disposition

First question answered in the negative, second in the affirmative, third (a) in the negative, third (b) in the affirmative.

Orders

  • Trustees to convey property to Thomas William Brash in liferent only and to his children born and to be born (other than the two eldest daughters) in fee.