Traill and Others v. Traill's Trustee [1920] ScotLR 363 (16 March 1920)

Traill and Others v. Traill's Trustee [1920] ScotLR 363 (16 March 1920)

There was no evidence of a contract or agreement to treat the proceeds of the pictures as a separate fund; the proceeds formed part of the general trust estate and were subject to the usual administration and expenses. The Special Case did not alter this position.

Citation
[1920] ScotLR 363
Parties
Pursuer: Sinclair Traill and others; Defender: John Little Mounsey, W.S., as Traill's Trustee
Jurisdiction
Scotland
Judgment Date
16 March 1920
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary
Outcome
action dismissed
Legal Topics
Trust Administration, Distribution of Trust Assets, Construction of Agreements, Special Case Procedure
Trusts and Estates Contract Law Civil Procedure Trust Administration Distribution of Trust Assets Construction of Agreements Special Case Procedure

Case Brief

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Parties

Sinclair Traill and others

Pursuer

John Little Mounsey, W.S., as Traill's Trustee

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary

Legal Issues

  1. 1 Whether the proceeds of the sale of trust estate pictures formed a separate fund to be distributed immediately among creditors or remained part of the general trust estate subject to trust administration expenses.
  2. 2 Whether the agreement and Special Case constituted a contract to create a separate fund.

Ratio Decidendi

There was no evidence of a contract or agreement to treat the proceeds of the pictures as a separate fund; the proceeds formed part of the general trust estate and were subject to the usual administration and expenses. The Special Case did not alter this position.

Court Disposition

action dismissed

Orders

  • Action dismissed; interlocutor of Lord Ordinary adhered to.