Simpson's Trustees, Petitioners [1906] ScotLR 44_62 (22 November 1906)
The court granted the petition for resignation and appointment of new trustees resident in Canada, contingent upon their written undertaking to submit to the jurisdiction and orders of the Scottish Court of Session.
- Citation
- [1906] ScotLR 44_62
- Parties
- Petitioner: William John Kirk; Petitioner: John Henderson; Beneficiary: John David Simpson; Beneficiary: Fanny Brown (now Simpson); Appointed Trustee: William Grayson; Appointed Trustee: Donald M'Lean
- Jurisdiction
- Scotland
- Judgment Date
- 22 November 1906
- Procedural Posture
- Petition / Final Order
- Outcome
- petition granted
- Legal Topics
- Resignation of Trustees, Appointment of Trustees, Jurisdiction Over Foreign Trustees
Case Brief
Summary, issues, holding and outcome
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Parties
William John Kirk
Petitioner
John Henderson
Petitioner
John David Simpson
Beneficiary
Fanny Brown (now Simpson)
Beneficiary
William Grayson
Appointed Trustee
Donald M'Lean
Appointed Trustee
Procedural Posture
Petition / Final Order
Legal Issues
- 1 Whether Scottish trustees may resign and be replaced by trustees resident in Canada
- 2 Whether new trustees resident abroad must submit to Scottish court jurisdiction
Ratio Decidendi
The court granted the petition for resignation and appointment of new trustees resident in Canada, contingent upon their written undertaking to submit to the jurisdiction and orders of the Scottish Court of Session.
Court Disposition
petition granted
Orders
- William Grayson and Donald M'Lean appointed as trustees under the marriage contract
- Petitioners authorised to resign as trustees
Full Case Text
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