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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Pet. - Scott and Another [1867] ScotLR 3_325 (20 March 1867)
URL: http://www.bailii.org/scot/cases/ScotCS/1867/03SLR0325.html
Cite as: [1867] SLR 3_325, [1867] ScotLR 3_325

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SCOTTISH_SLR_Court_of_Session

Page: 325↓

Court of Session Inner House First Division.

Wednesday, March 20. 1867

3 SLR 325

Pet.—Scott and Another

Subject_1Trustee
Subject_2Removal
Subject_3Resignation.

Facts:

A petition having been resented for the removal of a trustee, who put in a deed of resignation, Held that this rendered it unnecessary to consider the application.

Headnote:

This was a petition by a trustee and beneficiary and another beneficiary, under a voluntary trustdeed, for the removal of another trustee under it on the ground of alleged misconduct. It was ordered to be served and answered.

When the petition again appeared in the roll,

Fraser for, the respondent, stated that the allegations in the petition were denied, but he put in a deed of resignation of his office, which had been executed by the respondent under section 1 of the Act 24 and 25 Vict., c. 84.

M'Laren, for the petitioners, asked an order upon the respondent to deliver up the whole books, papers, and documents, belonging to the trustestate in his possession.

 Judgment:

Lord President— There is no prayer for such an order.

M'Laren Then I ask leave to amend the petition by adding it

Fraser— I can't consent to that.

Lord President— We cannot allow any amendment except of consent.

M'Laren then submitted he was entitled to the order without a special prayer for it.

The Lord President—We appointed this petition to be served and answers to be lodged. But a deed of resignation has been put in which seems to me to put an end to the petition; for the prayer is simply to remove the respondent from the office of trustee, and the only other prayer is for such interim order as may be necessary pending the consideration of the application. There is no prayer for delivery of trust papers. The sole object of the application is removal, and that having become unnecessary, the petition just drops.

The other Judges concurred.

 Counsel:

Agents for Petitioners— White-Millar & Robson, S.S.C.

Agent for Respondent— J. F. Wilkie, S.S.C.

 1867

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URL: http://www.bailii.org/scot/cases/ScotCS/1867/03SLR0325.html