Court of Session Inner House First Division
A truster directed his trustees, ‘previous to their dividing the residue of my said estate as after mentioned, to set apart and invest . . the sum of pounds 1600, in two sums of pounds 800 each, for behoof of my two unmarried daughters M and W, said sums to be so invested in the names of my said trustees for their behoof, and the interest to be paid to them respectively so long as they remain unmarried. . . Declaring that in the event of either of my two daughters contracting marriage or dying . . the interest on said sum effeiring to such daughter shall be paid to my other unmarried daughter so long as she shall remain unmarried.’ The trustees were further directed, in the event of the marriage of either of these daughters, to pay to her a sum of pounds 200 out of the pounds 1600 for her outfit. In the residuary clause the truster directed that after payment of his debts and ‘after investing the said sum of pounds 1600,’ his trustees should make over ‘the residue of my said estate and effects to and among my three daughters E., M., and W. . . but deducting from the shares of my said children any sum or sums that may have been paid by my said trustees to any of my said daughters for outfit in the event of the marriage of either of them.’ No other provision was made as to the fee of the pounds 1600 which the trustees were directed to invest for behoof of the two unmarried daughters.
Held (1) that no fee in the principal sum was conferred upon the unmarried daughters by the direction to hold it on their behoof and pay them interest; (2) that it fell into residue; (3) that on renouncing their liferent they were entitled to call upon the trustees to pay over their shares of the sum as residue.
Citations:
[1897] SLR 34 – 782
Links:
Jurisdiction:
Scotland
Wills and Probate
Updated: 03 February 2022; Ref: scu.612510