Leith's Judicial Factor v Leith
| Jurisdiction | Scotland |
| Judgment Date | 30 November 1956 |
| Date | 30 November 1956 |
| Docket Number | No. 24. |
| Court | Court of Session (Outer House) |
OUTER HOUSE.
Lord Hill Watson.
Trust—Judicial Factor—Powers—Testator empowering trustees to supplement widow's liferent by realising capital—Appointment of judicial factor on trust estate—Whether power exercisable by judicial factor.
A testator died leaving a trust-disposition and settlement by which he left the residue of his estate to his son, subject to a liferent in favour of his widow. He gave his trustees power to realise and make up from capital the income payable to his widow if that income was insufficient to maintain her in a position similar to that in which she had been living with him. The trust estate was eventually sequestrated and a judicial factor was appointed by the Court. Thereafter the widow applied to the judicial factor to have her income made up by realisation of capital. A representative of the testator's son, who had predeceased the widow, contended that a judicial factor could never exercise a power which would result in interfering with the destination of the capital.
Held by the Lord Ordinary (Hill Watson) that the power to realise capital to supplement the liferent could properly be exercised by the judicial factor.
Angus's Executrix v. Batchan's Trustees, 1949 S. C. 335, distinguished.
John Mleod Dunn, judicial factor on the sequestrated trust estate of the late John Laing Leith, presented a note craving the Court to authorise and empower him to exercise a power, granted by the testator to his trustees, to realise...
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Carmichael's Judicial Factor v Accountant of Court
...10 Eliz. II, cap. 62. 2 11 and 12 Geo. V, cap. 58. 3 Stirling's Judicial Factor, 1917, 1 S.L.T. 165; Leith's Judicial Factor v. LeithSC, 1957 S.C. 307. 4 Tennent's Judicial Factor v. TennentSC, 1954 S.C. 215, Lord President Cooper at p. 5 Thoms on Judicial Factors, (2nd ed.) pp. 63, 76–7. 6......