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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Paterson Petitioner [1890] ScotLR 27_823 (26 June 1890) URL: http://www.bailii.org/scot/cases/ScotCS/1890/27SLR0823.html Cite as: [1890] ScotLR 27_823, [1890] SLR 27_823 |
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Page: 823↓
Held that a petition for appointment of a judicial factor on a trust-estate, where the trustees had ceased to be able to act in terms of the trust-deed, was properly presented to a Division of the Court, and not to the Junior Lord Ordinary.
Maurice Paterson, John Wordie, and Alexander Donaldson were appointed to act as trustees under an antenuptial contract of marriage, dated 10th October 1874, entered into between William Macpherson and Miss Ann Amelia Boswell. It was inter alia declared in the contract “that so soon as the acting trustees under these presents are reduced to two, they shall be obliged to nominate and appoint at least one other trustee to act along with them in the management of the said trust; and there are hereby conferred upon the said trustees who may be assumed from time to time the whole powers, privileges, and exemptions conferred upon the trustees hereby named.”
The trustees accepted the office conferred on them, but Alexander Donaldson died on 23rd August 1889.
The present petition was presented by Maurice Paterson on June 24th 1890 to the First Division. He averred that since the death of Alexander Donaldson he and the other surviving trustee had been endeavouring in terms of the marriage-contract to obtain the consent of some person to act as trustee under the said antenuptial contract, but had been unable to find anyone willing to accept the office. He accordingly craved the Court to appoint a judicial factor on the trust-estate.
The petitioner argued—That petition was competently presented to a Division of the Court — Distribution of Business Act; Dixon's Tutor, July 17, 1867, 5 Macph. 1052.
The Court, holding that the petition was competently presented to a Division of the Court, ordered intimation and service, and appointed a judicial factor ad interim.
Counsel for Petitioner— Shaw. Agents— Cairns, M'Intosh, & Morton, W.S.
