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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Special Case - French [1881] ScotLR 18_527_1 (2 June 1881) URL: http://www.bailii.org/scot/cases/ScotCS/1881/18SLR0527_1.html Cite as: [1881] SLR 18_527_1, [1881] ScotLR 18_527_1 |
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Page: 527↓
A truster left a liferent of his estate to his widow, and further provided that after her death it should be sold and the price divided in certain proportions between the children “born or to be born” of his only daughter. Held that the shares vested in the children at the death of the liferentrix.
Richard French died on 3d November 1873 survived by his widow and a married daughter. In a trust-disposition and settlement he directed his trustees, inter alia, to pay over to his wife the rents of his whole estate for her liferent use allenarly, and secondly, “after the death of my spouse” to value the said estate and sell it to his grandson Richard Torrance French, and then to divide the price thereof so that a double share should be paid to him, and the remainder be divided equally amongst his other grandchildren “born or to be born of my said daughter.” His widow died on 14th July 1877, and his daughter Mrs French had a family of seven children, of whom the said Richard Torrance French was the eldest. A dispute having arisen as to whether the period at which the estate was to be divided was to be the death of the widow, the liferentrix, or the death of Mrs French, this Special Case was presented to the Court for opinion and judgment.
The Court were of opinion that as the death of the widow was the date fixed by the truster in his settlement as the date of division, the children's shares vested at that date.
Counsel for the Parties— Dickson— Vary Campbell. Agents— J. Stewart Gellatly, L.A.— Henry Buchan, S.S.C.
