Millar, Walker, & Millar v. Brodie's Trustees [1902] ScotLR 39_651 (06 June 1902)

Millar, Walker, & Millar v. Brodie's Trustees [1902] ScotLR 39_651 (06 June 1902)

The minute of 1st March 1871, recording the appointment of Andrew Millar junior as law-agent and factor with usual remuneration, constituted a written obligation by the trustees to pay the usual professional charges. Therefore, the claim is founded upon a written obligation, and the triennial prescription does not apply.

Citation
[1902] ScotLR 39_651
Parties
Pursuers: Millar, Walker, & Millar; Thomas Walker; James Millar; Alexander Millar (executor-dative of Andrew Millar junior); Defenders: James H. Dunn and others, trustees of Robert Brodie's trust
Jurisdiction
Scotland
Judgment Date
06 June 1902
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
interlocutor of Lord Ordinary recalled; proof allowed
Legal Topics
Triennial Prescription, Written Obligation, Law Agent Remuneration, Trustee Powers
Trusts and Estates Contract Law Scots Law Triennial Prescription Written Obligation Law Agent Remuneration Trustee Powers

Case Brief

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 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Millar, Walker, & Millar; Thomas Walker; James Millar; Alexander Millar (executor-dative of Andrew Millar junior)

Pursuers

James H. Dunn and others, trustees of Robert Brodie's trust

Defenders

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Does the triennial prescription under Act 1579, cap. 83 apply to the account of a law-agent to a trust where the appointment is recorded in a written minute?
  2. 2 Does the minute of appointment constitute a written obligation sufficient to exclude the triennial prescription?

Ratio Decidendi

The minute of 1st March 1871, recording the appointment of Andrew Millar junior as law-agent and factor with usual remuneration, constituted a written obligation by the trustees to pay the usual professional charges. Therefore, the claim is founded upon a written obligation, and the triennial prescription does not apply.

Court Disposition

interlocutor of Lord Ordinary recalled; proof allowed

Orders

  • Recall the interlocutor of 8th March 1902.
  • Allow parties a proof of their respective averments.