Corbett's Trustees v. Pollock [1901] ScotLR 38_723 (18 June 1901)

Corbett's Trustees v. Pollock [1901] ScotLR 38_723 (18 June 1901)

Vesting of the share in question was suspended until the death of the last surviving liferenter (Mrs Gilroy), as the class of beneficiaries could not be ascertained until that event. The share did not vest in John Campbell Corbett or his son at any earlier date. Upon the death of the last liferenter, the share was distributable per stirpes among the surviving issue of the other named beneficiaries, and did not fall into intestacy.

Citation
[1901] ScotLR 38_723
Parties
Applicant: Corbett's Trustees; Respondent: Pollock; Second Parties: William Curr Corbett's testamentary trustees; Third Parties: Surviving children of Robert Corbett, Mrs Steel, and Mrs Gilroy
Jurisdiction
Scotland
Judgment Date
18 June 1901
Procedural Posture
Special Case (succession/trust) / Judgment on Questions of Vesting and Entitlement
Outcome
Share did not vest in John Campbell Corbett or his son; vesting was postponed until death of last liferenter; share distributable per stirpes among surviving issue; no intestacy.
Legal Topics
Vesting of Interests, Destination Over, Intestacy, Per Stirpes Distribution
Succession Trusts and Estates Vesting of Interests Destination Over Intestacy Per Stirpes Distribution

Case Brief

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Parties

Corbett's Trustees

Applicant

Pollock

Respondent

William Curr Corbett's testamentary trustees

Second Parties

Surviving children of Robert Corbett, Mrs Steel, and Mrs Gilroy

Third Parties

Procedural Posture

Special Case (succession/trust) / Judgment on Questions of Vesting and Entitlement

Legal Issues

  1. 1 Whether one-fourth of the share of residue destined to Mrs Waddell and her issue vested at the testator's death or was postponed
  2. 2 Whether vesting of said share was suspended until the death of the last surviving liferenter
  3. 3 Whether the share fell into intestacy or was distributable per stirpes among surviving issue

Ratio Decidendi

Vesting of the share in question was suspended until the death of the last surviving liferenter (Mrs Gilroy), as the class of beneficiaries could not be ascertained until that event. The share did not vest in John Campbell Corbett or his son at any earlier date. Upon the death of the last liferenter, the share was distributable per stirpes among the surviving issue of the other named beneficiaries, and did not fall into intestacy.

Court Disposition

Share did not vest in John Campbell Corbett or his son; vesting was postponed until death of last liferenter; share distributable per stirpes among surviving issue; no intestacy.

Orders

  • First question answered in the negative (no vesting a morte testatoris or at earlier deaths)
  • Second and third questions answered in the affirmative (vesting postponed; third parties entitled per stirpes)