Hunt's Trustees v. Hunt and Others [1906] ScotLR 43_432 (16 March 1906)

Vesting of beneficiaries' rights is postponed until death of liferenter; second marriage does not accelerate vesting or payment of two-thirds of capital; accumulated income not disposed of by the trust-disposition and settlement falls into intestacy.

Citation: [1906] ScotLR 43_432
Parties: Applicant: Hunt's Trustees; Respondent: Thomas Hunt; Respondent: Children of Thomas Hunt and Mrs Mary Page M'Coll or Hunt
Jurisdiction: Scotland
Judgment Date: 16 March 1906
Procedural Posture: Special Case / Judgment
Outcome: Questions 1, 3, 5, and 6 answered in the negative; questions 2, 4, and 7 answered in the affirmative.
Legal Topics: Vesting, Acceleration, Conditional Institution of Issue, Liferent, Accumulation of Income, Intestacy

Succession Trusts Vesting Acceleration Conditional Institution of Issue Liferent Accumulation of Income Intestacy

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Parties

Hunt's Trustees

Applicant

Thomas Hunt

Respondent

Children of Thomas Hunt and Mrs Mary Page M'Coll or Hunt

Respondent

Procedural Posture

Special Case / Judgment

Legal Issues

1 Timing of vesting of beneficiaries' rights under trust-disposition and settlement
2 Effect of liferenter's second marriage on vesting and payment of capital
3 Disposition of accumulated income after restriction of liferent

Ratio Decidendi

Court Disposition

Questions 1, 3, 5, and 6 answered in the negative; questions 2, 4, and 7 answered in the affirmative.

Orders

Trustees to retain whole trust estate until death of liferenter, paying one-third of income to liferenter.
Accumulated income falls into intestacy.