Ensor's Trustees v. Richter [1900] ScotLR 37_424 (16 February 1900)

Ensor's Trustees v. Richter [1900] ScotLR 37_424 (16 February 1900)

Miss Richter is entitled, by virtue of the conditio si sine liberis decesserit, to the share originally bequeathed to her mother but not to participate in the lapsed share of George William Rome, as her mother was not instituted to that share and the conditio does not extend to lapsed shares.

Citation
[1900] ScotLR 37_424
Parties
Applicant: Ensor's Trustees; Reclaimers/claimants: Mrs Henrietta E. Bowman or Adams and others; Respondent/claimant: Fredericke Amalia Richter
Jurisdiction
Scotland
Judgment Date
16 February 1900
Procedural Posture
Multiplepoinding (distribution of Estate) / Reclaiming Note (appeal) Against Lord Ordinary's Interlocutor
Outcome
Interlocutor of Lord Ordinary recalled; alternative claim for Mrs Bowman or Adams and others sustained; Miss Richter sustained only to her mother's share; no expenses due to or by either party since Lord Ordinary's interlocutor.
Legal Topics
Accretion, Lapsed Share, Conditio Si Sine Liberis Decesserit, Vesting of Legacy
Succession Trusts and Estates Accretion Lapsed Share Conditio Si Sine Liberis Decesserit Vesting of Legacy

Case Brief

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Parties

Ensor's Trustees

Applicant

Mrs Henrietta E. Bowman or Adams and others

Reclaimers/claimants

Fredericke Amalia Richter

Respondent/claimant

Procedural Posture

Multiplepoinding (distribution of Estate) / Reclaiming Note (appeal) Against Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether the daughter of a niece (Miss Richter) is entitled to her mother's share under the conditio si sine liberis decesserit
  2. 2 Whether Miss Richter is entitled to participate in the lapsed share of a nephew (George William Rome) who predeceased the testator

Ratio Decidendi

Miss Richter is entitled, by virtue of the conditio si sine liberis decesserit, to the share originally bequeathed to her mother but not to participate in the lapsed share of George William Rome, as her mother was not instituted to that share and the conditio does not extend to lapsed shares.

Court Disposition

Interlocutor of Lord Ordinary recalled; alternative claim for Mrs Bowman or Adams and others sustained; Miss Richter sustained only to her mother's share; no expenses due to or by either party since Lord Ordinary's interlocutor.

Orders

  • Recall Lord Ordinary's interlocutor of 17 June 1899
  • Sustain alternative claim for Mrs Bowman or Adams and others and prefer them on the fund in medio in terms thereof