Nisbett and Another (Scott's Trustees) v. Dunbar [1900] ScotLR 37_375 (26 January 1900)

Nisbett and Another (Scott's Trustees) v. Dunbar [1900] ScotLR 37_375 (26 January 1900)

The codicil directed immediate settlement of the legacy in liferent to John Dunbar and fee to his children equally, vesting the beneficial interest in the children as a class upon the testatrix's death. No survivorship clause or postponed payment existed; thus, shares vested in children surviving the testatrix, including those who predeceased the liferenter.

Citation
[1900] ScotLR 37_375
Parties
Applicant: Nisbett and Another (Scott's Trustees); Second Party/respondent: Dunbar (George Dunbar); Third Parties/respondents: John Dunbar's other children
Jurisdiction
Scotland
Judgment Date
26 January 1900
Procedural Posture
Special Case / Final Judgment
Outcome
First question answered in the affirmative; shares vested in children surviving the testatrix.
Legal Topics
Vesting of Legacy, Class Gifts, Intestate Succession, Conditional Institution
Succession Law Trusts Vesting of Legacy Class Gifts Intestate Succession Conditional Institution

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Parties

Nisbett and Another (Scott's Trustees)

Applicant

Dunbar (George Dunbar)

Second Party/respondent

John Dunbar's other children

Third Parties/respondents

Procedural Posture

Special Case / Final Judgment

Legal Issues

  1. 1 Whether shares of the fee of the trust fund vested in the two children of John Dunbar who survived the testatrix but predeceased their father

Ratio Decidendi

The codicil directed immediate settlement of the legacy in liferent to John Dunbar and fee to his children equally, vesting the beneficial interest in the children as a class upon the testatrix's death. No survivorship clause or postponed payment existed; thus, shares vested in children surviving the testatrix, including those who predeceased the liferenter.

Court Disposition

First question answered in the affirmative; shares vested in children surviving the testatrix.

Orders

  • Court found it unnecessary to answer the other questions.