Campbell's Trustees [1903] ScotLR 40_335 (30 January 1903)

Campbell's Trustees [1903] ScotLR 40_335 (30 January 1903)

The power of appointment under the marriage-contract was not validly exercised because neither the paper of directions nor the trust-disposition and settlement complied with the formalities (sealing, attestation by witnesses) expressly required by the contract. The English Wills Act did not apply to Scotland, and the law of England was not proved as a fact in the case. Contractual formalities must be observed.

Citation
[1903] ScotLR 40_335
Parties
First and Second Parties (applicants): Campbell's Trustees; First and Second Parties (applicants): Trustees under the trust-disposition and settlement of Rev. John Archibald Legh Campbell; Third Party (respondent): Miss Carolina Emma Campbell
Jurisdiction
Scotland
Judgment Date
30 January 1903
Procedural Posture
Special Case (facts Admitted) / Judgment on Validity of Exercise of Power of Appointment
Outcome
Power of appointment not validly exercised; appointment invalid.
Legal Topics
Marriage Contract, Power of Appointment, Formalities of Execution, Succession to Trust Funds
Succession Contract Family Law Marriage Contract Power of Appointment Formalities of Execution Succession to Trust Funds

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Parties

Campbell's Trustees

First and Second Parties (applicants)

Trustees under the trust-disposition and settlement of Rev. John Archibald Legh Campbell

First and Second Parties (applicants)

Miss Carolina Emma Campbell

Third Party (respondent)

Procedural Posture

Special Case (facts Admitted) / Judgment on Validity of Exercise of Power of Appointment

Legal Issues

  1. 1 Whether the power of appointment under the marriage-contract was validly exercised by Mr Campbell by his paper of directions or by his trust-disposition and settlement, given the formalities prescribed by the contract.

Ratio Decidendi

The power of appointment under the marriage-contract was not validly exercised because neither the paper of directions nor the trust-disposition and settlement complied with the formalities (sealing, attestation by witnesses) expressly required by the contract. The English Wills Act did not apply to Scotland, and the law of England was not proved as a fact in the case. Contractual formalities must be observed.

Court Disposition

Power of appointment not validly exercised; appointment invalid.

Orders

  • Court answered the question in the case in the negative.