Scottish Court of Session Decisions

This case came up by reclaiming note against an interlocutor pronounced by the Lord Ordinary (Young), in a petition presented by Mrs Jane Lord or Brockie, and George William Brockie for the appointment of trustees. The circumstances were as follows—Thomas Brockie, on November 14 1850, by deed of settlement conveyed and assigned to Walter Anderson, general carrier, Edinburgh, and James Lord, cotton-spinner, Bacup, in the county of Lancaster, the hereditaments and premises situated in the barony of Portsburgh and sheriffdom of Edinburgh; also his share and interest in a certain annual rent-charge of £12, payable out of certain hereditaments, also situated in Portsburgh; and also two policies of insurance, amounting together to £999, 19s., but in trust always for the purposes therein mentioned, viz:—(1) That so long as the truster was not bankrupt or insolvent the trustees were to pay the rents and profits of the trust-estate to him. (2) That in the event of his becoming bankrupt or insolvent, the rents and profits should be paid to his wife on her own receipt. (2) That if the truster survived his wife, the rents and profits were to be paid and applied to his own benefit and that of his children. (4) That if his wife Jane Brockie survived him, the rents and profits were to be applied to her use during her life. (5) That after the death of both, the subjects were to be held for the children of the marriage, in such shares as the spouses jointly or the survivor might direct by any deed executed by them, and failing such directions in equal shares. (6) That in the event of there being no child or children of the marriage, or issue of such child or children surviving the term of payment, the estates were to be held for the next of kin of the truster.

Both Mr Lord and Mr Anderson accepted the trust, and the conveyance of the policies of assurance was duly intimated to the two assurance companies, but no title was made up in the persons of the trustees to the heritable estate. The trustees both predeceased the truster, who died at Southport on 14th October 1874. The petition set forth that it had therefore become necessary that new trustees should be appointed to carry out the purposes of the deed of settlement. The petitioner George William Brockie has attained majority.

The application was presented under section 12 of “The Trusts (Scotland) Act 1867,” and section 3 of the “Titles to Land Consolidation (Scotland) Amendment Act, 1869.”