Ferme, Ferme, & Williamson v. Dewar [1905] ScotLR 42_703 (06 July 1905)

Ferme, Ferme, & Williamson v. Dewar [1905] ScotLR 42_703 (06 July 1905)

Law-agents of a testamentary trust, having full knowledge of the trust estate and its circumstances, are not entitled to ranking for expenses incurred in unsuccessful litigation where the trustee is barred from charging such expenses against the estate; the interlocutor applies equally to the law-agents, debarring their claim.

Citation
[1905] ScotLR 42_703
Parties
Appellants: Ferme, Ferme, & Williamson; Respondent: J. Campbell Dewar
Jurisdiction
Scotland
Judgment Date
06 July 1905
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed; interlocutor affirmed
Legal Topics
Testamentary Trust, Liability of Trust Estate, Ranking of Law Agents' Expenses, Sequestration
Trusts Bankruptcy Testamentary Trust Liability of Trust Estate Ranking of Law Agents' Expenses Sequestration

Case Brief

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Parties

Ferme, Ferme, & Williamson

Appellants

J. Campbell Dewar

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether law-agents of a testamentary trust can claim ranking for expenses incurred in unsuccessful litigation against the trust estate after sequestration
  2. 2 Whether the interlocutor barring the trustee from deducting litigation expenses from the trust estate also bars the law-agents

Ratio Decidendi

Law-agents of a testamentary trust, having full knowledge of the trust estate and its circumstances, are not entitled to ranking for expenses incurred in unsuccessful litigation where the trustee is barred from charging such expenses against the estate; the interlocutor applies equally to the law-agents, debarring their claim.

Court Disposition

appeal dismissed; interlocutor affirmed

Orders

  • Appellants not entitled to claim against the sequestrated estate for expenses incurred as law-agents in the unsuccessful litigation.
  • Deliverance of the trustee in the sequestration affirmed.