Roberts' Trustees v. Roberts [1903] ScotLR 40_387 (24 February 1903)

Roberts' Trustees v. Roberts [1903] ScotLR 40_387 (24 February 1903)

The legacy in question was a bequest to a class (the sons as constituted at the date of distribution), not to individually named persons in separate shares. Therefore, the share of the son who died before the period of distribution accresced to the surviving sons.

Source-derived case information.

Citation
[1903] ScotLR 40_387
Parties
Applicant: Roberts' Trustees; Respondent: William John Roberts; Respondent: Henry Lucas Roberts; Respondent: Testator's married daughters; Respondent: Testator's unmarried daughters
Jurisdiction
Scotland
Judgment Date
24 February 1903
Procedural Posture
Special Case (succession/trust) / Judgment (inner House, First Division)
Outcome
Share of deceased son accresced to surviving sons; surviving sons jointly entitled to whole property.
Legal Topics
Legacy, Accretion, Construction of Wills, Class Gifts
Succession Trusts and Estates Legacy Accretion Construction of Wills Class Gifts

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Roberts' Trustees

Applicant

William John Roberts

Respondent

Henry Lucas Roberts

Respondent

Testator's married daughters

Respondent

Testator's unmarried daughters

Respondent

Procedural Posture

Special Case (succession/trust) / Judgment (inner House, First Division)

Legal Issues

  1. 1 Whether the share of a deceased son under a class gift in a trust-disposition accresces to surviving sons or falls into residue.

Ratio Decidendi

The legacy in question was a bequest to a class (the sons as constituted at the date of distribution), not to individually named persons in separate shares. Therefore, the share of the son who died before the period of distribution accresced to the surviving sons.

Court Disposition

Share of deceased son accresced to surviving sons; surviving sons jointly entitled to whole property.

Orders

  • First question answered in accordance with Lord Kinnear's opinion; property to be conveyed to surviving sons jointly.