Scottish Court of Session Decisions

The late John Strang, LL.D., Chamberlain of the city of Glasgow, by his trust-disposition, dated 30th May 1863, and codicil, dated 5th December 1863, conveyed to the parties therein named the whole estate, heritable and moveable, which should belong to him at the time of his death, as trustees for the purposes therein written; and by the said codicil he made certain additional bequests, and gave some directions to his trustees. The truster, by the said trust-deed, directed his trustees to hold the whole residue of his means and estate, heritable and moveable, for the liferent use and behoof of his wife, Elizabeth Anderson, and to pay the whole free annual produce of said residue to her during her life; on the death of his wife to pay certain legacies; and, lastly, to pay and divide the residue of his whole means and estate to and among his three nieces, Elizabeth Machen or Roope, daughter of Mrs Ramsay Strang or Machen, his sister, and Mary and Elizabeth Knox, daughters of Mrs Isabella Strang or Knox, now deceased, also his sister, and that equally among them, and the survivors of them, share and share alike. Mrs Isabella Strang or Knox was the wife of Edmond Dalrymple Hesketh Knox.

Dr Strang died on 23d December 1863, survived by his wife and by Mrs Elizabeth Roope, Mary Knox, and Elizabeth Knox, who is now the wife of William Clare Ball. Mrs Strang enjoyed the liferent of the residue, and died on 9th August 1871, survived by Mrs Roope and by the said Elizabeth Knox, now Mrs Ball. Mary Knox died unmarried and intestate on 18th December 1868. Mary Knox's domicile at the time of her death was in Ireland, and, according to the law of that country, her father, the said Edmond Dalrymple Hesketh Knox, was entitled to her whole personal estate.

With reference to the foregoing facts, the parties respectively requested the opinion and judgment of the Court on the following question:—“Whether the said Mary Knox, at the time of her death, had a vested right and interest, to the extent of one-third, in the residue of the estate of the said Dr John Strang?”

The clause in the deed upon which the question principally turned was as follows:—“and Lastly, I direct said trustees to pay and divide the residue of my whole means and estate to and among my three nieces, Elizabeth Machen or Roope, daughter of the said Ramsay Strang or Machen, and Mary and Elizabeth Knox, daughters of the said Isabella Strang or Knox, and that equally among them and the survivors of them, share and share alike, but not subject to the jus mariti of any of their husbands, or to the debts or deeds or the diligence of the creditors of any of said husbands.”