By a trust-disposition dated in 1898 a truster left certain funds to his nephew in liferent, declaring that the capital should belong to the liferenter’s issue, in such proportions as he should direct, and failing such issue that it should be disposed of as the liferenter might by will direct. The nephew survived the truster, and died without issue, leaving a will dated in 1894, by which he disposed of ‘the whole estate and effects of every description, heritable and moveable, real and personal, of which I may die possessed.’ In a special case, in which there was no statement whether the nephew did or did not know of the power of appointment conferred upon him, held that the power was validly exercised by his will.
Citations:
[1903] SLR 40 – 458
Links:
Jurisdiction:
Scotland
Wills and Probate
Updated: 25 September 2022; Ref: scu.611134
