Macpherson's Trustees v. Macpherson [1907] ScotLR 781 (21 June 1907)

Macpherson's Trustees v. Macpherson [1907] ScotLR 781 (21 June 1907)

The direction in the will that dividends accruing from the shares shall, 'as received,' be paid over to the widow is a clear and express testamentary direction that excludes apportionment under the Apportionment Act 1870. The widow is entitled to the whole of the dividends declared after the testator's death, irrespective of the period during which they were earned.

Citation
[1907] ScotLR 781
Parties
Applicant: Macpherson's Trustees; Respondent: Macpherson (Mrs Annie Mitchell or Macpherson)
Jurisdiction
Scotland
Judgment Date
21 June 1907
Procedural Posture
Special Case Stated / Judgment
Outcome
First question answered in the affirmative; widow entitled to whole dividend. Second question not answered as unnecessary. Decerned accordingly.
Legal Topics
Apportionment of Dividends, Construction of Wills, Testamentary Directions, Application of Apportionment Act 1870
Trusts and Estates Wills and Probate Apportionment of Dividends Construction of Wills Testamentary Directions Application of Apportionment Act 1870

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Parties

Macpherson's Trustees

Applicant

Macpherson (Mrs Annie Mitchell or Macpherson)

Respondent

Procedural Posture

Special Case Stated / Judgment

Legal Issues

  1. 1 Whether the widow is entitled to the whole of the dividends declared after the testator's death without apportionment under the will and Apportionment Act 1870
  2. 2 Whether the direction to pay dividends 'as received' excludes statutory apportionment

Ratio Decidendi

The direction in the will that dividends accruing from the shares shall, 'as received,' be paid over to the widow is a clear and express testamentary direction that excludes apportionment under the Apportionment Act 1870. The widow is entitled to the whole of the dividends declared after the testator's death, irrespective of the period during which they were earned.

Court Disposition

First question answered in the affirmative; widow entitled to whole dividend. Second question not answered as unnecessary. Decerned accordingly.

Orders

  • Trustees to pay the whole of the dividend for the year ending 30th April 1905 on the 147 shares to the widow as per the will.