Succession – Fee and Liferent – Liferent of Whole Amount Produced – Mineral Field opened after Testator’s Death
A testator who had opened up and wrought part of the minerals in his lands during his life, directed his trustees in the event (which happened) of his wife surviving him, to payover to her ‘the whole annual produce and rents of the residue and remainder of my estate, heritable and moveable, during all the days and years of her life.’ After the testator’s death his trustees opened a new mineral field. Held ( affirming judgment of the First Division) that the testator’s widow was not entitled to the rents derived from this mineral field.
This section gives trustees, where such act is not at variance with the terms or purposes of the trust, power to grant mineral leases of a duration not exceeding thirty-one years.
Observed ( per Lord Watson) that this provision merely gives power to trustees entitled under their trust to let minerals, to let them for the period allowed by the statute, and confers no new power of letting minerals upon trustees.
Judges:
Lords Blackburn, Watson, Bramwell, and Fitzgerald
Citations:
[1883] UKHL 748, 20 SLR 748
Links:
Jurisdiction:
Scotland
Wills and Probate, Land
Updated: 28 June 2022; Ref: scu.636764