Lord Ordinary, Lord Skerrington said that in the ordinary case the action could be brought only at the instance of the trustees. But the testamentary trustees had been called as defenders, and concurred with the Infirmary in maintaining that the money was properly paid. Consequently in those circumstances ‘the pursuers have a good and sufficient title to maintain this action to the effect of demanding that the money shall be repaid to the trustees.’
Citations:
1909 SC 916
Jurisdiction:
Scotland
Cited by:
Cited – Roberts v Gill and Co Solicitors and Others SC 19-May-2010
The claimant beneficiary in the estate sought damages against solicitors who had acted for the claimant’s brother, the administrator, saying they had allowed him to take control of the assets in the estate. The will provided that property was to be . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 18 May 2022; Ref: scu.415971
