Gavin's Trustees v. Johnston's Trustees [1901] ScotLR 39_173 (06 December 1901)

Gavin's Trustees v. Johnston's Trustees [1901] ScotLR 39_173 (06 December 1901)

The daughter's right to payment of the funds contributed by the wife to the marriage-contract trust is contingent on her survivance of her father; divorce is not equivalent to predecease for the purposes of the trust; the proceeds of these funds during the divorced husband's survivance fall into the wife's executry...

Source-derived case information.

Citation
[1901] ScotLR 39_173
Parties
Applicant: Gavin's Trustees; Respondent: Johnston's Trustees
Jurisdiction
Scotland
Judgment Date
06 December 1901
Procedural Posture
Special Case (trust/family Law) / Judgment (inner House, Second Division, Court of Session)
Outcome
First question and second alternative of second question answered in the affirmative; other questions not answered as unnecessary at present.
Legal Topics
Marriage Contract, Divorce, Trusts, Vesting of Interests, Annuities, Alimentary Provisions, Succession
Family Law Trusts and Estates Marriage Contract Divorce Trusts Vesting of Interests Annuities Alimentary Provisions +1 more

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Parties

Gavin's Trustees

Applicant

Johnston's Trustees

Respondent

Procedural Posture

Special Case (trust/family Law) / Judgment (inner House, Second Division, Court of Session)

Legal Issues

  1. 1 Whether the daughter's right to payment of marriage-contract funds is contingent on her survivance of her father
  2. 2 Whether divorce is equivalent to predecease for purposes of trust distribution
  3. 3 Whether the wife could direct the child's share to be laid out in an alimentary, non-assignable annuity

Ratio Decidendi

The daughter's right to payment of the funds contributed by the wife to the marriage-contract trust is contingent on her survivance of her father; divorce is not equivalent to predecease for the purposes of the trust; the proceeds of these funds during the divorced husband's survivance fall into the wife's executry estate.

Court Disposition

First question and second alternative of second question answered in the affirmative; other questions not answered as unnecessary at present.

Orders

  • Daughter's right to payment is contingent on her survivance of her father.
  • Proceeds of funds during divorced husband's survivance fall into wife's executry estate.