Purves's Executor v Purves
| Jurisdiction | Scotland |
| Judgment Date | 06 July 1898 |
| Date | 06 July 1898 |
| Docket Number | No. 174. |
| Court | Court of Session |
Lord Justice-Clerk, Lord Young, Lord Moncreiff, Lord Trayner.
Succession—Vesting—Suspensive Condition—
A testatrix bequeathed to each of certain nieces, including one named Christina Purves, the sum of £600, and made similar bequests to her nephews, and bequeathed the residue of her estate to Christina Purves, ‘but there shall be no division of my estate till my niece Christina Purves attain the age of twenty-one … and should any one of my said nieces die unmarried before my niece Christina Purves attain the age of twenty-one their said share shall be divided equally between the surviving sisters.’ It was declared that all these provisions were to be alimentary. ‘When my niece Christina Purves reaches the age of twenty-one each one's share will become his or her absolute property, and can be disposed of by will or otherwise as the legatees desire.’ All the nieces survived the testatrix. Christina died unmarried before attaining twenty-one years of age. Held (1) that the survivorship clause above quoted applied to Christina as well as to the other nieces, and that it suspended vesting; (2) that therefore no right to the legacy of £600 or to the residue had vested in Christina, and that these provisions fell by her death to her surviving sisters; and (3) that the provisions in favour of nephews and nieces vested at the death of Christina, the condition which suspended vesting having become impossible.
Miss Jessie Jolly, who resided at Dunnet, died unmarried on 5th June 1894. She left a holograph last will and testament dated 2d April 1894. By this will, after providing for debts, expenses, and two small legacies, she disponed to her sister Isabella Jolly or Purves her cottage in Dunnet, with furniture, &c. therein. The will then bore—‘I bequeath to my nieces Isabella, Frances, Janet, and Christina, the sum of £600 each—£2400; to my nephew Peter Purves the sum of £300; to my nephews James, Thomas, and William, the sum of £250 each—£1050; my silver-plate, personal belongings, and all the residue of my estate to my niece Christina Purves; but there shall be no division of my estate till my niece Christina Purves attains the age of twenty-one, the interest being employed as much as possible to pay off all debts and charges left by me; but when these are discharged, each year the interest accruing shall be paid to each of the different legatees according to the amount of capital belonging to each; and should any one of my said nieces die unmarried before my niece Christina Purves attains the age of twenty-one, then said share shall be divided equally between the surviving sisters; and in like manner should any one of my nephews die, then his share shall be divided among his surviving brothers. Now, it is to be understood that such provisions are purely alimentary, and that it is illegal to mortgage or pledge in any way the provisions made for my several nieces and nephews in this will; but should any of them, in defiance of this proviso, insist on becoming security for any one, or in any way mortgaging the provision left for them by me, then the nephew or niece who acts in that way shall forfeit all right to his or her share, and the said share shall be paid by my trustees to the managers of the Royal Infirmary of Edinburgh for the time being, for the purposes of that institution. And I request’ certain persons ‘to act as my trustees, along with my nephew Peter Jolly Purves and my niece Isabella Purves, to see the provisions of this will carried out. I should also like my executors to continue my present investments as far as they seem safe, and absolving from any personal responsibility in the matter. When my niece Christina Purves reaches the age of twenty-one, each one's...
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