Neill's Trustees v. Neill [1902] ScotLR 39_426 (07 March 1902)

Neill's Trustees v. Neill [1902] ScotLR 39_426 (07 March 1902)

Mrs Neill's appointment was wholly invalid because she attempted to restrict the fee to a liferent and introduced beneficiaries not objects of the power; the fee vested in each son on attaining twenty-one years of age.

Citation
[1902] ScotLR 39_426
Parties
Applicant: Mrs Neill's Trustees; Second Party/respondent: James Clark Neill; Third Parties/respondents: Norman Clark Neill and Kenneth Mackenzie Clark Neill; Fourth Parties/respondents: Mr Clark's Trustees
Jurisdiction
Scotland
Judgment Date
07 March 1902
Procedural Posture
Special Case for Opinion and Judgment / Final Judgment
Outcome
Appointment by Mrs Neill declared wholly invalid; fee of one-third of the share vested in each son on attaining twenty-one years; advances for maintenance, education, and upbringing permitted.
Legal Topics
Power of Appointment, Exercise of Power, Vesting, Restriction of Fee to Liferent, Gift to Parties Not Object of Power
Succession Trusts Property Law Power of Appointment Exercise of Power Vesting Restriction of Fee to Liferent Gift to Parties Not Object of Power

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Parties

Mrs Neill's Trustees

Applicant

James Clark Neill

Second Party/respondent

Norman Clark Neill and Kenneth Mackenzie Clark Neill

Third Parties/respondents

Mr Clark's Trustees

Fourth Parties/respondents

Procedural Posture

Special Case for Opinion and Judgment / Final Judgment

Legal Issues

  1. 1 Validity of Mrs Neill's appointment under her father's trust-disposition and settlement
  2. 2 Whether Mrs Neill could restrict her sons' right to a liferent
  3. 3 Whether the fee vested in the sons on the death of their grandfather or upon attaining majority

Ratio Decidendi

Mrs Neill's appointment was wholly invalid because she attempted to restrict the fee to a liferent and introduced beneficiaries not objects of the power; the fee vested in each son on attaining twenty-one years of age.

Court Disposition

Appointment by Mrs Neill declared wholly invalid; fee of one-third of the share vested in each son on attaining twenty-one years; advances for maintenance, education, and upbringing permitted.

Orders

  • Appointment in Mrs Neill's trust-disposition and settlement declared wholly invalid.
  • Fee of one-third of the share vested in James Clark Neill on attaining twenty-one years.