Dick's Trustees v. Robertson [1901] ScotLR 38_744 (28 June 1901)

Dick's Trustees v. Robertson [1901] ScotLR 38_744 (28 June 1901)

Trustees had power to grant a new mineral lease as the testator had already made the minerals a profit-bearing subject by granting a lease, and rents and royalties arising from such lease are to be paid to the liferentrices under the trust.

Citation
[1901] ScotLR 38_744
Parties
First Parties (trustees of Alexander Dick): Dick's Trustees; Second Parties (testator's Daughters, Liferentrices): Mrs Robertson and Mrs M'Lennan; Third Parties (children of Liferentrices, Fiars): Children of Mrs Robertson and Mrs M'Lennan; Fourth Parties (fiars): Surviving children and only child of a deceased child of Matthew Dick
Jurisdiction
Scotland
Judgment Date
28 June 1901
Procedural Posture
Special Case Stated for Opinion and Judgment of the Court / Judgment of Inner House, Second Division
Outcome
First question answered in the affirmative; second question answered by declaring rents and lordships to be paid to the second parties (liferentrices).
Legal Topics
Trustee Powers, Liferent and Fee, Mineral Leases, Administration of Estates
Succession Trusts Property Law Trustee Powers Liferent and Fee Mineral Leases Administration of Estates

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Parties

Dick's Trustees

First Parties (trustees of Alexander Dick)

Mrs Robertson and Mrs M'Lennan

Second Parties (testator's Daughters, Liferentrices)

Children of Mrs Robertson and Mrs M'Lennan

Third Parties (children of Liferentrices, Fiars)

Surviving children and only child of a deceased child of Matthew Dick

Fourth Parties (fiars)

Procedural Posture

Special Case Stated for Opinion and Judgment of the Court / Judgment of Inner House, Second Division

Legal Issues

  1. 1 Whether trustees had power to grant a new lease of minerals not worked or yielding rent at testator's death
  2. 2 Whether rents and royalties from such lease should be paid to liferentrices or capitalised for fiars

Ratio Decidendi

Trustees had power to grant a new mineral lease as the testator had already made the minerals a profit-bearing subject by granting a lease, and rents and royalties arising from such lease are to be paid to the liferentrices under the trust.

Court Disposition

First question answered in the affirmative; second question answered by declaring rents and lordships to be paid to the second parties (liferentrices).

Orders

  • Trustees entitled to grant the proposed mineral lease.
  • Rents and royalties arising from such lease to be paid to the liferentrices.