Johnstone v. Mackenzie's Trustees [1912] UKHL 986 (26 July 1912)

Johnstone v. Mackenzie's Trustees [1912] UKHL 986 (26 July 1912)

The widow's interest was a liferent, not a mere right of occupancy, as the language of the trust settlement was apt to create a liferent. Consequently, she was liable for feu-duty, proprietor's taxes, and landlord's repairs. The trust deed did not provide any fund for the trustees to pay these charges, and the law presumes such burdens fall on the liferenter unless expressly exempted.

Citation
[1912] UKHL 986
Parties
Respondent: Johnstone; Appellants: Mackenzie's Trustees
Jurisdiction
United Kingdom
Judgment Date
26 July 1912
Procedural Posture
Appeal / House of Lords Judgment on Appeal From Second Division, Court of Session
Outcome
Appeal allowed; decision of the Second Division reversed; interlocutor of the Lord Ordinary restored.
Legal Topics
Testamentary Construction, Liferent Vs Occupancy, Liability for Public Burdens, Trust Administration
Succession Law Trusts and Estates Testamentary Construction Liferent Vs Occupancy Liability for Public Burdens Trust Administration

Case Brief

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Parties

Johnstone

Respondent

Mackenzie's Trustees

Appellants

Procedural Posture

Appeal / House of Lords Judgment on Appeal From Second Division, Court of Session

Legal Issues

  1. 1 Whether the widow's interest in the house was a liferent or a mere right of occupancy
  2. 2 Whether the widow is liable for feu-duty, proprietor's taxes, and landlord's repairs

Ratio Decidendi

The widow's interest was a liferent, not a mere right of occupancy, as the language of the trust settlement was apt to create a liferent. Consequently, she was liable for feu-duty, proprietor's taxes, and landlord's repairs. The trust deed did not provide any fund for the trustees to pay these charges, and the law presumes such burdens fall on the liferenter unless expressly exempted.

Court Disposition

Appeal allowed; decision of the Second Division reversed; interlocutor of the Lord Ordinary restored.

Orders

  • Appeal sustained
  • Costs awarded to appellants, including costs in the Court below