Newall's Trustee v Inglis's Trustees
| Jurisdiction | Scotland |
| Judgment Date | 15 July 1898 |
| Date | 15 July 1898 |
| Docket Number | No. 187. |
| Court | Court of Session |
Lord Justice-Clerk, Lord Young, Lord Trayner, Lord Moncreiff.
Succession—Vesting—Fee or Liferent—Protected Succession.—
A testatrix by trust-disposition and settlement directed her trustees to hold the capital of the residue of her estate and all interest accruing thereon for behoof of her two sons and her daughter nominatim, and on the eldest child who might survive attaining the age of twenty-five, to divide the capital and accumulations equally among the children or the survivors of them; and to ‘pay, assign, and dispone’ to each of the sons, ‘on their respectively attaining the age of twenty-five years, the share falling to such son of my trust-estate;…and the said trustees shall, on my daughter attaining the said age of twenty-five years, pay, assign, and dispone, or settle or secure the share falling to her of my trust-estate, and any interest and profits accrued on the said share subsequent to the said period of division hereinbefore mentioned, in such way and manner as that the same shall be preserved and applied for behoof of my said daughter and her issue, exclusive of the jus mariti and right of administration of any husband she may then have, or may marry at any future period thereafter;…and I declare that none of my said children shall have any vested right to the capital of the trust-estate, or interest and produce thereof, till they shall respectively have attained the age of twenty-five years, except to the effect of transmitting the same to his, her, or their lawful issue.’
In a question between the testamentary representatives of the daughter (who had died after attaining the age of twenty-five) and her children, who maintained that her right under her mother's settlement was a right of life-rent only, or, at least, that they took a right of protected succession under that settlement, held (diss. Lord Young) that an absolute fee of one-third of the residue of the estate vested in the daughter on her attaining the age of twenty-five years.
Mrs Joanna Christian Newall, widow of Lawrence Newall, of Littleborough, Lancashire, died on 10th August 1871, survived by two sons, William Normand Newall, born on 28th September 1854, and James Normand Newall, born on 13th June 1862, and by a daughter, Elizabeth Maude Newall, born on 10th August 1856.
Mrs Newall left a trust-disposition and settlement, dated 3d May 1871, by which she conveyed her whole estate to trustees, for certain purposes, and, inter alia, directed as follows with respect to the residue of her estate, ‘Lastly, the said trustees shall hold the capital of the residue of my said estate and effects, and also all interest and profits accruing thereon after my death, for behoof of my said children, William Normand Newall, Elizabeth Maude Newall, and James Normand Newall, and after deduction from said interest and profits of all payments therefrom for keeping up a house or establishment, as above provided, and all expenses incurred for board, education, and maintenance of any of my children, they shall accumulate the same until the eldest of my children who may survive shall have attained the age of twenty-five years complete; and upon the eldest of my said children attaining said age, the said trustees shall divide the capital of said residue and all accumulations of interest and profits thereon equally among said children or the survivors of them; but excepting always from said division’ certain household furniture; ‘and the said trustees shall pay, assign, and dispone to each of my said sons, on their respectively attaining the age of twenty-five years, the share falling to such son of my trust-estate and any interest and profits on the said respective shares accruing subsequent to the said period of division hereinbefore mentioned, as soon as such payment can conveniently be made after each son shall respectively attain said age; and the said trustees shall, on my daughter, the said Elizabeth Maude Newall, attaining the said age of twenty-five years, pay, assign, and dispone, or settle or secure the share falling to her of my trust-estate, and any interest and profits accrued on the said share subsequent to the said period of division hereinbefore mentioned, in such way and manner as that the same shall be preserved and applied for behoof of my said daughter and her issue, exclusive of the jus mariti and right of administration of any husband she may then have, or may marry at any future period thereafter, the jus mariti and right of administration of such husbands in regard to the whole provisions falling to my said daughter being hereby expressly excluded and debarred, the receipt and discharge of my said daughter, without the consent and concurrence of her said husband, being hereby declared to be sufficient to the trustees and all others concerned, for any sums or benefit that she may be entitled to receive under these presents;…and I declare that none of my said children shall have any vested right to the capital of the trust-estate, or interest and produce thereof, till they shall respectively have attained the age of twenty-five years, except to the effect of transmitting the same to his, her, or their lawful issue; and further, that the share or shares of any of my said children dying without issue before acquiring a vested right to his, her, or their share or shares as aforesaid, shall fall and belong to the survivors, but that the issue of any child who may have died leaving issue shall be entitled to the share or shares which would have fallen to such child if he or she had survived; and I further declare that the period of vesting in the case of the issue of any deceased child shall be held to be at the death of such child if he or she shall have survived me, or at my death if such child shall have predeceased me.’
William Normand Newall, the eldest child, attained the age of twenty-five on 28th September 1879, and the trustees then paid to him his one-third share of the residue of his mother's trust-estate, and continued to administer the remaining two-thirds.
On 18th January 1881 Miss Elizabeth Maude Newall was married to James Tennant Inglis. By indenture of settlement, in English form, entered into in contemplation of this marriage, she conveyed to trustees all real and personal property then belonging, or which might thereafter be acquired by her, in trust to pay the income thereof to herself during her life, and so that during her coverture the same should be for her sole and...
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