Taylor's Trustees v Barnett
| Jurisdiction | Scotland |
| Judgment Date | 19 July 1893 |
| Docket Number | No. 189. |
| Date | 19 July 1893 |
| Court | Court of Session |
Lord Young, Lord Rutherfurd Clark, Lord Trayner.
SuccessionHusband and WifeDivorcePredecease.
By trust-disposition and settlement a testator directed his trustees to hold the share of his estate falling to his married daughter for her alimentary liferent use allenarly and for her children in fee, but declared that in the event of her husband predeceasing her, the provisions of liferent and fee should cease, and directed the trustees to make payment to her of her whole share and interest in the estate absolutely. After the testator's death the daughter obtained decree of divorce against her husband, and thereafter required her father's trustees to pay over to her the capital of her share in her father's estate. Held (diss. Lord Young) that the decree of divorce was not equivalent to the predecease of the husband, and that the daughter was entitled to a liferent only of the estate so long as he lived.
William Taylor, Shawlands, died on 24th February 1890, leaving a trust-disposition and settlement, dated 7th December 1888, by which he left his whole means and estate to James Scott and others, his trustees, for certain purposes.
As regarded the residue of his estate, he directed his trustees to hold it for behoof of his four children, equally among them, each child's share being to be paid on majority, except in the case of his daughter Marion Kennedy Taylor or Barnett. Marion Taylor was married to Frank N. Barnett in December 1887, and one child was born of the marriage on 20th September 1888.
The testator directed the trustees to hold and invest Mrs Barnett's share in their own names for behoof of my said daughter in liferent, for her alimentary liferent use allenarly, and of her lawful issue, equally among them, share and share alike in fee, payable said shares upon the youngest of the children of my said daughter attaining majority, until which time my said trustees shall, after the death of my said daughter, apply the income of said share or proportion of shares for behoof of her said children, equally among them. But notwithstanding the provisions hereinbefore made, in favour of my said daughter Marion Kennedy Taylor or Barnett, and her children, I hereby provide and declare that, in the event of her husband, Frank N. Barnett, predeceasing my said daughter, the provisions of liferent and of fee hereinbefore made in favour of my said daughter and her children shall cease and determine...
To continue reading
Request your trial