Gardner (Thomson's Judicial Factor) Hamblin and Others [1900] ScotLR 37_486 (27 February 1900)

Gardner (Thomson's Judicial Factor) Hamblin and Others [1900] ScotLR 37_486 (27 February 1900)

The fee of the stock vested in Peter Thomson, the last surviving brother, subject to defeasance in the event of the sisters leaving issue, which did not occur. The doctrine of vesting subject to defeasance applies to this inter vivos trust, and the survivorship clause operated to vest the fee in the last surviving brother once the class was ascertained.

Citation
[1900] ScotLR 37_486
Parties
Applicant: Gardner (Thomson's Judicial Factor); Respondents: Hamblin and Others; Respondents: Executors of Janet and Marion Thomson; Respondent: Mrs Bain; Respondent: Mrs Richard Thomson; Respondent: Mrs William Thomson
Jurisdiction
Scotland
Judgment Date
27 February 1900
Procedural Posture
Special Case (succession/trust) / Judgment (inner House, First Division)
Outcome
First question answered in the affirmative: the shares belong to the judicial factor on Peter Thomson's estate.
Legal Topics
Vesting, Vesting Subject to Defeasance, Lapsed Trust, Intestate Succession
Succession Trusts Vesting Vesting Subject to Defeasance Lapsed Trust Intestate Succession

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Parties

Gardner (Thomson's Judicial Factor)

Applicant

Hamblin and Others

Respondents

Executors of Janet and Marion Thomson

Respondents

Mrs Bain

Respondent

Mrs Richard Thomson

Respondent

Mrs William Thomson

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the fee of the trust stock vested in the last surviving brother subject to defeasance or lapsed to the contributors' representatives
  2. 2 Whether the doctrine of vesting subject to defeasance applies to this inter vivos trust with survivorship provisions

Ratio Decidendi

The fee of the stock vested in Peter Thomson, the last surviving brother, subject to defeasance in the event of the sisters leaving issue, which did not occur. The doctrine of vesting subject to defeasance applies to this inter vivos trust, and the survivorship clause operated to vest the fee in the last surviving brother once the class was ascertained.

Court Disposition

First question answered in the affirmative: the shares belong to the judicial factor on Peter Thomson's estate.

Orders

  • The 230 shares of the Caledonian Banking Company now belong to the judicial factor on the estate of the late Peter Thomson.