Leitch v Leitch [1927] ScotCS CSIH_3 (02 July 1927)

Leitch v Leitch [1927] ScotCS CSIH_3 (02 July 1927)

The agreement did not create a trust conferring immediate divisible beneficial interests in the children; rather, it provided the widow with property for the maintenance of herself and her family as a unit. There is no obligation to account or divide the assets during the widow's lifetime while she remains dependent on the fund. The action for accounting and payment is ill-conceived and premature.

Citation
[1927] ScotCS CSIH_3
Parties
Pursuer: Leitch; Defender: Leitch
Jurisdiction
Scotland
Judgment Date
02 July 1927
Procedural Posture
Civil / Appeal (reclaiming Note) From Lord Ordinary's Interlocutor
Outcome
action dismissed; interlocutor of Lord Ordinary adhered to
Legal Topics
Construction of Trust Instruments, Beneficial Interests Under Trusts, Accounting by Trustees, Family Settlements
Trusts Succession Property Law Construction of Trust Instruments Beneficial Interests Under Trusts Accounting by Trustees Family Settlements

Case Brief

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Parties

Leitch

Pursuer

Leitch

Defender

Procedural Posture

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

Legal Issues

  1. 1 Whether the 1900 agreement created a trust conferring beneficial interests on the children and widow
  2. 2 Whether the pursuer is entitled to an accounting or payment of a share of the trust assets during the widow's lifetime
  3. 3 Proper construction of 'for behoof of herself and her family' in the agreement

Ratio Decidendi

The agreement did not create a trust conferring immediate divisible beneficial interests in the children; rather, it provided the widow with property for the maintenance of herself and her family as a unit. There is no obligation to account or divide the assets during the widow's lifetime while she remains dependent on the fund. The action for accounting and payment is ill-conceived and premature.

Court Disposition

action dismissed; interlocutor of Lord Ordinary adhered to

Orders

  • Defender's first plea in law sustained
  • Action dismissed with expenses to the defender