Millar and Another v. Millar's Trustees [1907] ScotLR 6 (16 October 1907)

Millar and Another v. Millar's Trustees [1907] ScotLR 6 (16 October 1907)

There is no direct gift of fee to John and George Millar; the testamentary directions require trustees to hold their shares for liferent alimentary use only, with discretionary power to advance up to £400 from capital. Immediate conveyance of shares is not warranted.

Citation
[1907] ScotLR 6
Parties
First Party: George Millar; Second Party: Robert Hoy Miller, curator bonis to John Millar; Third Parties: James Pirret Ferrier and others, Millar's Trustees; Fourth Parties: William Millar and others, remaining children of the testator
Jurisdiction
Scotland
Judgment Date
16 October 1907
Procedural Posture
Special Case / Final Judgment
Outcome
trustees to hold shares for liferent alimentary use; no immediate conveyance
Legal Topics
Liferent, Fee, Trust Administration, Division of Estate, Repugnancy
Succession Trusts Liferent Fee Trust Administration Division of Estate Repugnancy

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Parties

George Millar

First Party

Robert Hoy Miller, curator bonis to John Millar

Second Party

James Pirret Ferrier and others, Millar's Trustees

Third Parties

William Millar and others, remaining children of the testator

Fourth Parties

Procedural Posture

Special Case / Final Judgment

Legal Issues

  1. 1 Whether John and George Millar are entitled to immediate conveyance of their shares or only to liferent alimentary use
  2. 2 Whether the testamentary directions confer a fee or merely a liferent interest

Ratio Decidendi

There is no direct gift of fee to John and George Millar; the testamentary directions require trustees to hold their shares for liferent alimentary use only, with discretionary power to advance up to £400 from capital. Immediate conveyance of shares is not warranted.

Court Disposition

trustees to hold shares for liferent alimentary use; no immediate conveyance

Orders

  • Trustees are bound to hold the shares in question for the liferent alimentary use of the first and second parties, with discretion and power as to payment and advancement of capital as expressed in the fourth purpose of the testator's settlement.
  • First and second parties are not entitled to immediate conveyance of said shares.