M'Culloch (Jack's Trustee) v. Jack's Trustees [1909] ScotLR 32 (26 October 1909)

M'Culloch (Jack's Trustee) v. Jack's Trustees [1909] ScotLR 32 (26 October 1909)

The examination of testamentary trustees regarding collateral matters affecting the value of a legacy, rather than the existence or disclosure of the bankrupt's estate, is incompetent under the relevant statutory provisions; the trustee's right to information is limited to tracing and identifying property forming...

Source-derived case information.

Citation
[1909] ScotLR 32
Parties
Petitioner: George M'Culloch (Jack's Trustee); Respondents: Jack's Trustees (Mrs Ferguson Steven or Jacks and others)
Jurisdiction
Scotland
Judgment Date
26 October 1909
Procedural Posture
Appeal / Inner House, Court of Session, Appeal From Sheriff Court
Outcome
appeal allowed; petition dismissed
Legal Topics
Examination of Persons Relative to Bankrupt's Estate, Scope of Trustee's Inquiry, Spes Successionis, Vesting of Legacy
Bankruptcy Trusts and Estates Examination of Persons Relative to Bankrupt's Estate Scope of Trustee's Inquiry Spes Successionis Vesting of Legacy

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Parties

George M'Culloch (Jack's Trustee)

Petitioner

Jack's Trustees (Mrs Ferguson Steven or Jacks and others)

Respondents

Procedural Posture

Appeal / Inner House, Court of Session, Appeal From Sheriff Court

Legal Issues

  1. 1 Whether the trustee in bankruptcy/cessio is entitled to examine testamentary trustees for information affecting the value of a legacy potentially due to the bankrupt
  2. 2 Whether such examination is competent under sections 90 and 91 of the Bankruptcy (Scotland) Act 1856 as incorporated by section 10 of the Bankruptcy and Cessio (Scotland) Act 1881

Ratio Decidendi

The examination of testamentary trustees regarding collateral matters affecting the value of a legacy, rather than the existence or disclosure of the bankrupt's estate, is incompetent under the relevant statutory provisions; the trustee's right to information is limited to tracing and identifying property forming part of the bankrupt's estate.

Court Disposition

appeal allowed; petition dismissed

Orders

  • Interlocutors appealed against recalled
  • Petition dismissed