Corbet's Trustees v. Elliott's Trustees and Others [1906] ScotLR 43_379 (10 February 1906)

Corbet's Trustees v. Elliott's Trustees and Others [1906] ScotLR 43_379 (10 February 1906)

The one-fourth share of the estate destined to the children of James Corbet vested a morte testatoris in those children alive at the testator's death, subject to defeasance if Robert Corbet died leaving issue. The direction to sell and divide did not postpone vesting, and the possibility of the class changing did not prevent vesting in those alive at the relevant date.

Citation
[1906] ScotLR 43_379
Parties
Applicant: Corbet's Trustees; Respondent: Elliott's Trustees and Others; Respondent: Ninth Parties (two daughters of James Corbet)
Jurisdiction
Scotland
Judgment Date
10 February 1906
Procedural Posture
Special Case (succession/trust) / Inner House, Second Division, Court of Session (final Judgment)
Outcome
First question answered in the affirmative; vesting occurred a morte testatoris.
Legal Topics
Vesting of Interests, Conditional Institution, Defeasance, Class Gifts, Construction of Wills
Succession Trusts and Estates Vesting of Interests Conditional Institution Defeasance Class Gifts Construction of Wills

Case Brief

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Parties

Corbet's Trustees

Applicant

Elliott's Trustees and Others

Respondent

Ninth Parties (two daughters of James Corbet)

Respondent

Procedural Posture

Special Case (succession/trust) / Inner House, Second Division, Court of Session (final Judgment)

Legal Issues

  1. 1 Whether the one-fourth share of the estate destined to the children of James Corbet vested a morte testatoris (at the testator's death) or was postponed until the death of the liferenter Robert Corbet.

Ratio Decidendi

The one-fourth share of the estate destined to the children of James Corbet vested a morte testatoris in those children alive at the testator's death, subject to defeasance if Robert Corbet died leaving issue. The direction to sell and divide did not postpone vesting, and the possibility of the class changing did not prevent vesting in those alive at the relevant date.

Court Disposition

First question answered in the affirmative; vesting occurred a morte testatoris.

Orders

  • The one-fourth share of the estate vested in the children of James Corbet alive at the testator's death, subject to defeasance if Robert Corbet died leaving issue.