M'Culloch's Trustees v. Macculloch [1903] UKHL 88 (24 November 1903)

M'Culloch's Trustees v. Macculloch [1903] UKHL 88 (24 November 1903)

The appellant is not entitled to immediate payment or conveyance of any part of the residue because the testator intended the estate to remain unsevered until the death of the last surviving child, and section 17 of the Entail Amendment (Scotland) Act 1868 does not apply to a fiar.

Citation
[1903] UKHL 88
Parties
Respondent: M'Culloch's Trustees; Appellant: Bertram Douglas Macculloch
Jurisdiction
United Kingdom
Judgment Date
24 November 1903
Procedural Posture
Appeal / Final Judgment by House of Lords
Outcome
appeal dismissed
Legal Topics
Interpretation of Trust Disposition and Settlement, Payment of Vested Share, Entail Amendment (scotland) Act 1868 Section 17, Liferent and Fee, Period of Distribution
Succession Trusts Scots Law Interpretation of Trust Disposition and Settlement Payment of Vested Share Entail Amendment (scotland) Act 1868 Section 17 Liferent and Fee Period of Distribution

Case Brief

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Parties

M'Culloch's Trustees

Respondent

Bertram Douglas Macculloch

Appellant

Procedural Posture

Appeal / Final Judgment by House of Lords

Legal Issues

  1. 1 Whether the appellant is entitled to immediate payment of a vested share of residue under the terms of the will and section 17 of the Entail Amendment (Scotland) Act 1868
  2. 2 Whether the testator's intention postpones payment until the death of all his children
  3. 3 Whether section 17 applies to a fiar rather than a liferenter

Ratio Decidendi

The appellant is not entitled to immediate payment or conveyance of any part of the residue because the testator intended the estate to remain unsevered until the death of the last surviving child, and section 17 of the Entail Amendment (Scotland) Act 1868 does not apply to a fiar.

Court Disposition

appeal dismissed

Orders

  • judgment of Second Division affirmed
  • appellant found liable for expenses of appeal