A testator directed his trustees to realise his whole estate, heritable and moveable, on the death of the longest liver of his wife and certain other annuitants, and to divide the annual proceeds of the residue equally among his nine nephews and nieces and one grandniece, for their liferent alimentary use only; on the death of any one of these beneficiaries an equal share of the residue was to become payable to the children of such deceased equally upon their attaining majority. In the event of any of these beneficiaries dying without leaving children, or in the event of the children dying without issue before attaining majority, ‘then the share of my said estates which would have otherwise fallen to such children shall accresce and belong to the survivors of the parties before named in liferent, and to their children in fee, all in the same manner as the proper shares of these parties themselves, and which shares and profits thereof accrescing as aforesaid shall be subject to the same restrictions’ as the original shares. The testator’s widow survived the other annuitants, and five of the beneficiaries predeceased her, two of whom left issue. The widow died in 1878. Another beneficiary, a niece, died after her without leaving issue. Held that this beneficiary’s share of the residue accresced and belonged in equal shares to the beneficiaries who survived her in liferent, and their children in fee, to the exclusion of the issue of the beneficiaries who had predeceased her.

Citations:

[1884] SLR 22 – 285

Links:

Bailii

Jurisdiction:

Scotland

Wills and Probate

Updated: 30 January 2022; Ref: scu.580633