Normand's Trustees v. Normand [1900] ScotLR 37_517 (09 March 1900)

Normand's Trustees v. Normand [1900] ScotLR 37_517 (09 March 1900)

The legacy vested in the great-grandchildren at the death of the liferenter; trustees were entitled to apply income for their benefit during minority or until marriage; payments made to guardians for education were proper.

Citation
[1900] ScotLR 37_517
Parties
Applicant: Normand's Trustees; Respondent: Normand; Interested Party: Children of William Normand Newall; Interested Party: Children of Mrs Inglis
Jurisdiction
Scotland
Judgment Date
09 March 1900
Procedural Posture
Special Case / Final Judgment
Outcome
Questions answered in favour of applicant and interested parties; legacy vested at death of liferenter; payments to minors proper.
Legal Topics
Vesting of Legacy, Conditional Institution, Trustee Powers, Advances to Minors, Accumulation of Income
Succession Trusts Vesting of Legacy Conditional Institution Trustee Powers Advances to Minors Accumulation of Income

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Parties

Normand's Trustees

Applicant

Normand

Respondent

Children of William Normand Newall

Interested Party

Children of Mrs Inglis

Interested Party

Procedural Posture

Special Case / Final Judgment

Legal Issues

  1. 1 When does the legacy to great-grandchildren vest?
  2. 2 Are trustees empowered to make advances to minors from trust income without express authority?
  3. 3 Does income during minority or before marriage belong to great-grandchildren or residuary legatees?

Ratio Decidendi

The legacy vested in the great-grandchildren at the death of the liferenter; trustees were entitled to apply income for their benefit during minority or until marriage; payments made to guardians for education were proper.

Court Disposition

Questions answered in favour of applicant and interested parties; legacy vested at death of liferenter; payments to minors proper.

Orders

  • Income accruing upon shares of capital set apart for William Normand Newall and Mrs Inglis from their respective deaths to the dates of their respective children attaining majority or being married belongs to said children.
  • Payments of £1972, 1s. 10d. to guardian for benefit of minors were properly made.