A took the title to heritable subjects which he had purchased in the names of certain persons, who, by deed of declaration of trust, declared that they held the subjects in trust inter alia for the payment of the free yearly proceeds to A during his life, for his liferent use allenarly, and after his death to his wife, if she survived him, her liferent to be restrictable to such extent and in such manner as might be fixed by A; and after the determination of the foresaid liferents, in trust for A’s children, in such shares and proportions as might be fixed by A, and failing such apportionment, share and share alike; declaring that the fee of the shares should be payable after the determination of the said liferents, and after the whole children who should have survived A and his wife, and who should be alive, had attained majority, or at such other times after the determination of the said liferents as should be fixed by A. A died, survived by his wife, and without fixing the shares of the children. Held (reversing the judgment of the Second Division of the Court of Session) that the children’s shares of the estate vested before the death of the widow. Cause remitted to the Second Division to review generally the interlocutors complained of.
Citations:
[1875] UKHL 630, 12 SLR 630
Links:
Jurisdiction:
England and Wales
Wills and Probate
Updated: 19 November 2022; Ref: scu.650099
