Elder Petitioner [1902] ScotLR 40_178 (20 November 1902)

Elder Petitioner [1902] ScotLR 40_178 (20 November 1902)

Where the trustees consent to decree and the guardian's powers under the law of the minors' domicile are established, the Court will grant payment of capital and accrued interest to the guardian for the benefit of the minor children.

Citation
[1902] ScotLR 40_178
Parties
Petitioner: Mrs Josephine Elder; Respondents: Trustees of George Elder
Jurisdiction
Scotland
Judgment Date
20 November 1902
Procedural Posture
Petition / Final Judgment
Outcome
petition granted
Legal Topics
Guardianship, Succession, Payment of Capital to Guardian, Powers of Foreign Guardians, Discharge for Capital
Trusts and Estates Family Law Private International Law Guardianship Succession Payment of Capital to Guardian Powers of Foreign Guardians Discharge for Capital

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Parties

Mrs Josephine Elder

Petitioner

Trustees of George Elder

Respondents

Procedural Posture

Petition / Final Judgment

Legal Issues

  1. 1 Whether a guardian appointed under New Zealand law can validly receive and discharge capital due to minor children from a Scottish trust estate.

Ratio Decidendi

Where the trustees consent to decree and the guardian's powers under the law of the minors' domicile are established, the Court will grant payment of capital and accrued interest to the guardian for the benefit of the minor children.

Court Disposition

petition granted

Orders

  • Trustees of George Elder to pay Mrs Josephine Elder, as guardian, the capital sum of £3000 and accrued interest for the benefit of her children, and any further share of the residue as ascertained.