The residue of an estate was destined in equal shares to A, B, and C in liferent, and to their children in fee equally among them per stirpes. Failing issue of A or B the survivor was to liferent the predeceaser’s share, and failing issue of both, their two-third shares were to go to C and her children per stirpes as provided with respect to her own share of the estate. C predeceased A and B, who both died without issue. Held [ rev. judgment of Court of Session] that part of these shares had vested in a child of C who had died without issue before the date of the expiry of the liferent interest enjoyed by A and B.
Judges:
Lord Chancellor, Lord Hatherley, Lord Blackburn, and Lord Gordon
Citations:
[1878] UKHL 776, 15 SLR 776
Links:
Jurisdiction:
Scotland
Wills and Probate
Updated: 08 October 2022; Ref: scu.646313