Hargrave's Trustees v Schofield
| Jurisdiction | Scotland |
| Judgment Date | 25 October 1900 |
| Docket Number | No. 6. |
| Date | 25 October 1900 |
| Court | Court of Session |
Lord Justice-Clerk, Lord Young, Lord Trayner, Lord Moncreiff.
SuccessionTrustDirection to trustees to retain estate after it had vested in beneficiariesRepugnancy.
A testator, after directing his trustees to divide his estate, on the expiry of certain liferents, among certain nephews and nieces nominatim equally, further directed that the trustees should retain the capital of the shares belonging to the nephews and nieces so long as their father should be alive, and pay to them the revenues thereof only.
The liferents having expired, held (diss. Lord Young) that the capital of the shares having vested in the nephews and nieces a morte testatoris, they were entitled to call on the trustees to denude in their favour, notwithstanding that their father was still alive.
Miller's Trustees v. MillerSC, Dec. 19, 1890, 18 R. 301, followed.
By his will, dated in July 1893, the late Joseph James Hargrave, formerly of Montreal, and latterly of Edinburgh, who died in February 1894, directed his trustees to invest all the said residue of my said estate in interest-bearing securities, and to pay the revenues thereof to my stepmother Margaret Alcock Hargrave of Rutland Square, in Edinburgh aforesaid, and my uncle Lockhart Mactavish, of Otago, in New Zealand, during their joint lives, share and share alike, and from and after the death of either to pay the whole of said revenues to the survivor during his or her life. Upon the death of the survivor of my said stepmother and uncle, my said trustees shall divide my said estate equally between my nephews and nieces hereinafter named, to wit, Lockhart Alexander Schofield, James Schofield, Frederick Joseph Schofield, Margaret Florence Schofield, Letitia Schofield, and Mary Schofield, children of Frederick Schofield, late of Brockville, Ontario, or their lawful issue, share and share alike, by roots, the share of any predeceasing me to accrue to the survivors. But I direct that during the lifetime of the said Frederick Schofield my said trustees shall retain in their hands the capital of the shares belonging to the said Lockhart Alexander Schofield, James Schofield, Frederick Joseph Schofield, Margaret Florence Schofield, Letitia Schofield, and Mary Schofield, and shall pay to them the revenues thereof only.
On the deaths of Lockhart Mactavish and Mrs Hargrave, which took place in February and June 1899 respectively, and Frederick Schofield being still alive, the present special case was brought by the trustees of...
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