Duke of Sutherland Petitioner [1901] ScotLR 38_462 (20 March 1901)

Duke of Sutherland Petitioner [1901] ScotLR 38_462 (20 March 1901)

The Court held that, in light of the authorities and the circumstances, it is reasonable to authorise the trustees to pay the father from the trust income for the maintenance and education of the pupil son, both retrospectively and prospectively, within specified limits.

Citation
[1901] ScotLR 38_462
Parties
Petitioner: Cromartie Sutherland Leveson-Gower, Duke and Earl of Sutherland; Beneficiary/pupil Son: George Granville Sutherland Leveson-Gower, Marquess of Stafford; Trustees: Donald Maclean, Thomas Murray Mackay, Cecil Chaplin
Jurisdiction
Scotland
Judgment Date
20 March 1901
Procedural Posture
Petition / Final Judgment
Outcome
petition granted
Legal Topics
Parent and Child, Aliment, Trust Administration, Entail
Family Law Trusts and Estates Parent and Child Aliment Trust Administration Entail

Case Brief

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Parties

Cromartie Sutherland Leveson-Gower, Duke and Earl of Sutherland

Petitioner

George Granville Sutherland Leveson-Gower, Marquess of Stafford

Beneficiary/pupil Son

Donald Maclean, Thomas Murray Mackay, Cecil Chaplin

Trustees

Procedural Posture

Petition / Final Judgment

Legal Issues

  1. 1 Whether trustees holding funds for a pupil son can be authorised to repay the father sums expended on maintenance and education and to pay a fixed annual sum for future expenses.

Ratio Decidendi

The Court held that, in light of the authorities and the circumstances, it is reasonable to authorise the trustees to pay the father from the trust income for the maintenance and education of the pupil son, both retrospectively and prospectively, within specified limits.

Court Disposition

petition granted

Orders

  • Trustees authorised and ordained to pay the petitioner £407 0s 5d for 1899 and £643 8s 5d for 1900 from the trust income.
  • Trustees authorised to pay up to £600 per annum for 1901 and 1902, and up to £700 for 1903 for the education and maintenance of the Marquess of Stafford.