Macewan's Trustees v. Macewan [1916] ScotLR 69 (07 November 1916)

Macewan's Trustees v. Macewan [1916] ScotLR 69 (07 November 1916)

The scheme of appointment in the trust-disposition and settlement is invalid insofar as it restricts the respondent's right of fee and bequeaths the fee to persons outside the power's objects; the respondent is entitled to immediate payment of her share as absolute property, unburdened by restrictions.

Source-derived case information.

Citation
[1916] ScotLR 69
Parties
Applicant: Andrew MacEwan's Trustees; Respondent: Janet MacEwan
Jurisdiction
Scotland
Judgment Date
07 November 1916
Procedural Posture
Special Case / Judgment
Outcome
Appointment invalid insofar as it restricts respondent's interest; respondent entitled to immediate payment of her share as absolute property.
Legal Topics
Power of Appointment, Validity of Restrictions, Trust Disposition, Marriage Contract, Beneficiary Rights
Succession Trusts Power of Appointment Validity of Restrictions Trust Disposition Marriage Contract Beneficiary Rights

Source-derived case record

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Parties

Andrew MacEwan's Trustees

Applicant

Janet MacEwan

Respondent

Procedural Posture

Special Case / Judgment

Legal Issues

  1. 1 Whether the exercise of the power of appointment in the trust-disposition and settlement validly restricted the respondent's interest to a liferent and bequeathed the fee to persons outside the power's objects
  2. 2 Whether the respondent is entitled to her share as absolute property free from restrictions

Ratio Decidendi

The scheme of appointment in the trust-disposition and settlement is invalid insofar as it restricts the respondent's right of fee and bequeaths the fee to persons outside the power's objects; the respondent is entitled to immediate payment of her share as absolute property, unburdened by restrictions.

Court Disposition

Appointment invalid insofar as it restricts respondent's interest; respondent entitled to immediate payment of her share as absolute property.

Orders

  • Respondent to receive one-fourth share of residue as absolute property, free from restrictions.