Mitchell Innes's Trustees v. Mitchell Innes and Others [1911] ScotLR 241 (08 December 1911)

Mitchell Innes's Trustees v. Mitchell Innes and Others [1911] ScotLR 241 (08 December 1911)

The special case is competent and the trustees have power to sell the estate of Phantassie under the trust-disposition and settlement.

Citation
[1911] ScotLR 241
Parties
First Parties (applicants): George Dalziel, W. S., Edinburgh, and others, trustees acting under the trust-disposition and settlement of the late Thomas Shairp Mitchell Innes of Phantassie; Second Parties (respondents/beneficiaries): Miss Isabella Mitchell Innes, a daughter of the truster, and the four children of Mrs Christina Mitchell Innes or Anderson, a deceased daughter of the truster
Jurisdiction
Scotland
Judgment Date
08 December 1911
Procedural Posture
Special Case / Judgment
Outcome
Special case competent; trustees entitled to sell estate of Phantassie.
Legal Topics
Power of Trustees to Sell Heritage, Competency of Special Case, Beneficiaries' Consent
Trusts Property Law Power of Trustees to Sell Heritage Competency of Special Case Beneficiaries' Consent

Case Brief

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Parties

George Dalziel, W. S., Edinburgh, and others, trustees acting under the trust-disposition and settlement of the late Thomas Shairp Mitchell Innes of Phantassie

First Parties (applicants)

Miss Isabella Mitchell Innes, a daughter of the truster, and the four children of Mrs Christina Mitchell Innes or Anderson, a deceased daughter of the truster

Second Parties (respondents/beneficiaries)

Procedural Posture

Special Case / Judgment

Legal Issues

  1. 1 Whether trustees have power to sell the estate of Phantassie under the trust-disposition and settlement
  2. 2 Competency of raising the question in a special case where there is no real litigation

Ratio Decidendi

The special case is competent and the trustees have power to sell the estate of Phantassie under the trust-disposition and settlement.

Court Disposition

Special case competent; trustees entitled to sell estate of Phantassie.

Orders

  • Court answered the first branch of the question in the affirmative.
  • Court found it unnecessary to answer the second branch.