Laidlaw and Others (Robertson's Trustees), v. Petitioners [1908] ScotLR 139 (21 November 1908)

Laidlaw and Others (Robertson's Trustees), v. Petitioners [1908] ScotLR 139 (21 November 1908)

The Court authorised the advance to the elder son as he was unable to maintain himself, relying on the trust-disposition's discretionary power and the Court's nobile officium.

Citation
[1908] ScotLR 139
Parties
Petitioners: John Pinkerton Laidlaw and others (Robertson's Trustees); Beneficiary: James Sangster Robertson; Beneficiary: Robert Black Robertson; Widow: Jane Black or Robertson
Jurisdiction
Scotland
Judgment Date
21 November 1908
Procedural Posture
Petition / Final Judgment
Outcome
petition granted in part
Legal Topics
Advance to Beneficiary, Nobile Officium, Alimentary Annuity, Vesting of Interests
Trusts Succession Advance to Beneficiary Nobile Officium Alimentary Annuity Vesting of Interests

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Parties

John Pinkerton Laidlaw and others (Robertson's Trustees)

Petitioners

James Sangster Robertson

Beneficiary

Robert Black Robertson

Beneficiary

Jane Black or Robertson

Widow

Procedural Posture

Petition / Final Judgment

Legal Issues

  1. 1 Whether trustees may advance funds to major beneficiaries out of their prospective share before vesting
  2. 2 Whether the Court may exercise its nobile officium to authorise such advance

Ratio Decidendi

The Court authorised the advance to the elder son as he was unable to maintain himself, relying on the trust-disposition's discretionary power and the Court's nobile officium.

Court Disposition

petition granted in part

Orders

  • Authorise trustees to advance £150 per annum to James Sangster Robertson out of surplus income or capital so long as he is unable suitably to maintain himself.
  • Direct trustees to deduct advances from the share ultimately coming to James Sangster Robertson without charging interest, deducted from the first portion of capital paid or set aside for him.