Henderson's Trustees v. Henderson [1900] ScotLR 38_13 (20 October 1900)

Henderson's Trustees v. Henderson [1900] ScotLR 38_13 (20 October 1900)

The defender's obligation under the marriage-contract to assign his share of his father's estate as security for the children's provision was not discharged by the assignation of life insurance policies or other arrangements. The trustees are entitled to recover the sum of £961, 9s. 9d. paid to the defender in error, as the original obligation remains unfulfilled and the children have not discharged their rights. The trustees must retain the full trust estate until all provisions are satisfied, and mere equivalence in value of securities does not suffice to extinguish the obligation.

Citation
[1900] ScotLR 38_13
Parties
Pursuer: Henderson's Trustees; Defender: Alexander Henderson
Jurisdiction
Scotland
Judgment Date
20 October 1900
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
Defender's reclaiming motion refused; interlocutor of Lord Ordinary affirmed with modification as to interest; trustees entitled to recover sum and expenses.
Legal Topics
Administration of Trusts, Marriage Contracts, Security for Provisions, Recovery of Estate, Assignation of Testamentary Share
Trusts Family Law Administration of Trusts Marriage Contracts Security for Provisions Recovery of Estate Assignation of Testamentary Share

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Parties

Henderson's Trustees

Pursuer

Alexander Henderson

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether the defender is obliged to pay to the trustees the sum of £961, 9s. 9d. received in error from his father's estate
  2. 2 Whether the assignation of life insurance policies and other securities by the defender satisfies or extinguishes the original obligation under the marriage-contract
  3. 3 Whether the trustees are entitled to retain trust funds beyond the amount of the provision (£3000) due to the children

Ratio Decidendi

The defender's obligation under the marriage-contract to assign his share of his father's estate as security for the children's provision was not discharged by the assignation of life insurance policies or other arrangements. The trustees are entitled to recover the sum of £961, 9s. 9d. paid to the defender in error, as the original obligation remains unfulfilled and the children have not discharged their rights. The trustees must retain the full trust estate until all provisions are satisfied, and mere equivalence in value of securities does not suffice to extinguish the obligation.

Court Disposition

Defender's reclaiming motion refused; interlocutor of Lord Ordinary affirmed with modification as to interest; trustees entitled to recover sum and expenses.

Orders

  • Repel the defences
  • Decern and ordain the defender to pay the pursuers £961, 9s. 9d. sterling with interest at 5% per annum from 2 December 1898, but without interest prior to that date