Martin and Others Petitioners [1904] ScotLR 41_400 (12 March 1904)
The Court may authorise trustees to make payments from the income of a minor's unvested share of a trust estate for her maintenance and education where special circumstances exist and there is no opposition from trustees or contingent interests to protect.
- Citation
- [1904] ScotLR 41_400
- Parties
- Petitioner: Mary Elizabeth Theodora Martin; Petitioner (curator and Administrator in Law): Charles James Martin; Concurring Petitioners: Trustees of James Mackenzie of Auchenheglish
- Jurisdiction
- Scotland
- Judgment Date
- 12 March 1904
- Procedural Posture
- Petition / Final Judgment
- Outcome
- petition granted
- Legal Topics
- Advances to Minor Beneficiary, Vesting Postponed, Trustee Powers
Case Brief
Summary, issues, holding and outcome
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Parties
Mary Elizabeth Theodora Martin
Petitioner
Charles James Martin
Petitioner (curator and Administrator in Law)
Trustees of James Mackenzie of Auchenheglish
Concurring Petitioners
Procedural Posture
Petition / Final Judgment
Legal Issues
- 1 Whether trustees can be authorised to pay income from an unvested share of a trust to a minor beneficiary for maintenance and education before vesting age.
Ratio Decidendi
The Court may authorise trustees to make payments from the income of a minor's unvested share of a trust estate for her maintenance and education where special circumstances exist and there is no opposition from trustees or contingent interests to protect.
Court Disposition
petition granted
Orders
- Trustees authorised to pay £150 per annum from the income of the minor petitioner's unvested share for five years, until she attains majority.
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