Dickie's Trustees v. Rutherford's Trustees [1907] ScotLR 960 (20 July 1907)

Dickie's Trustees v. Rutherford's Trustees [1907] ScotLR 960 (20 July 1907)

The 1897 trust-disposition and settlement impliedly revoked the 1860 settlement. The phrase 'writing under my hand' in the 1897 settlement referred only to writings made after 1897, not to the revoked 1860 settlement. The residue of the estate is to be divided into five equal portions among the two surviving sisters and the children of the predeceasing brother and sisters per stirpes, in accordance with the law of moveable succession in Scotland.

Citation
[1907] ScotLR 960
Parties
Applicant: Dickie's Trustees; Respondent: Rutherford's Trustees; Third Party: Miss Agnes Orr Dickie; Fourth Party: George Dickie (heir in heritage); Fifth Party: Children of George Dickie, Mrs Jamieson, and Mrs Murray (fifth parties)
Jurisdiction
Scotland
Judgment Date
20 July 1907
Procedural Posture
Special Case (succession/trust) / Judgment (inner House, Second Division)
Outcome
First alternative of the first question (implied revocation) answered in the affirmative; second alternative (partial effect) in the negative; first alternative of the second question (residue to surviving sisters only) in the negative; second alternative (division per stirpes among five shares) in the affirmative;...
Legal Topics
Implied Revocation of Testamentary Settlements, Construction of 'next of Kin' in Scottish Succession Law, Distribution of Residue Under Trust, Intestate Moveable Succession
Succession Trusts and Estates Implied Revocation of Testamentary Settlements Construction of 'next of Kin' in Scottish Succession Law Distribution of Residue Under Trust Intestate Moveable Succession

Case Brief

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Parties

Dickie's Trustees

Applicant

Rutherford's Trustees

Respondent

Miss Agnes Orr Dickie

Third Party

George Dickie (heir in heritage)

Fourth Party

Children of George Dickie, Mrs Jamieson, and Mrs Murray (fifth parties)

Fifth Party

Procedural Posture

Special Case (succession/trust) / Judgment (inner House, Second Division)

Legal Issues

  1. 1 Whether the 1860 trust-disposition and settlement was impliedly revoked by the 1897 settlement
  2. 2 Whether the 1860 settlement could be treated as a 'writing under hand' for the purposes of the 1897 settlement
  3. 3 Proper construction of 'next-of-kin according to the law of moveable succession in Scotland' for residue distribution

Ratio Decidendi

The 1897 trust-disposition and settlement impliedly revoked the 1860 settlement. The phrase 'writing under my hand' in the 1897 settlement referred only to writings made after 1897, not to the revoked 1860 settlement. The residue of the estate is to be divided into five equal portions among the two surviving sisters and the children of the predeceasing brother and sisters per stirpes, in accordance with the law of moveable succession in Scotland.

Court Disposition

First alternative of the first question (implied revocation) answered in the affirmative; second alternative (partial effect) in the negative; first alternative of the second question (residue to surviving sisters only) in the negative; second alternative (division per stirpes among five shares) in the affirmative;...

Orders

  • Declare the 1860 settlement impliedly revoked by the 1897 settlement.
  • Order residue to be divided into five equal shares among the two surviving sisters and the children of predeceasing siblings per stirpes.