Hutchison v. Hutchison's Trustees [1902] ScotLR 40_200 (11 December 1902)

Hutchison v. Hutchison's Trustees [1902] ScotLR 40_200 (11 December 1902)

The case does not fall within the statute as the property was not preserved on behalf of the beneficiaries by their agents; the estate was simply not made liable for the pursuer's claim, which does not constitute preservation under the Act.

Citation
[1902] ScotLR 40_200
Parties
Pursuer: John Hutchison junior; Defender: Trustees of John Hutchison senior; Defender: Beneficiaries (sisters of pursuer)
Jurisdiction
Scotland
Judgment Date
11 December 1902
Procedural Posture
Civil / Appeal
Outcome
motion refused
Legal Topics
Charging Order, Expenses, Law Agents and Notaries Public (scotland) Act 1891, Sec. 6
Agent and Client Trusts and Estates Charging Order Expenses Law Agents and Notaries Public (scotland) Act 1891, Sec. 6

Case Brief

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Parties

John Hutchison junior

Pursuer

Trustees of John Hutchison senior

Defender

Beneficiaries (sisters of pursuer)

Defender

Procedural Posture

Civil / Appeal

Legal Issues

  1. 1 Whether agents for beneficiaries are entitled to a charge upon the trust estate for expenses under section 6 of the Law-Agents and Notaries Public (Scotland) Act 1891

Ratio Decidendi

The case does not fall within the statute as the property was not preserved on behalf of the beneficiaries by their agents; the estate was simply not made liable for the pursuer's claim, which does not constitute preservation under the Act.

Court Disposition

motion refused

Orders

  • prayer of the minute refused