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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Special Case - Allan's Trustees [1872] ScotLR 10_141 (12 December 1872) URL: http://www.bailii.org/scot/cases/ScotCS/1872/10SLR0141.html Cite as: [1872] ScotLR 10_141, [1872] SLR 10_141 |
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Page: 141↓
A died leaving a trust-disposition and settlement of the entirety of his estate for certain purposes. Inter alia, he directed his trustee on the death of his widow (who life-rented the residue) to denude and pay over the fee of the said residue among the whole of his children who might survive him, and the issue of such as might predecease him; and declaring that the provisions hereby made in favour of females shall be purely alimentary to them, not alienable or assignable, and shall be exclusive of the jus mariti and right of administration of any husband they or either of them have or may have, and shall not be affectable by their own, or such husband's debts or deeds, or the diligence of their own or his creditors, all which are hereby excluded and debarred.
On the death of truster's widow, in a question between the trustees and the daughters of the truster— Held (1) that the trustees were bound to make payment to the daughters of their shares of the residue; (2) that the exclusion of the jus mariti and right of administration must be inserted in the receipts by the daughters; (3) that the clause declaring the shares alimentary and not alienable was to be held pro non Scripto.
In a question between the issue of a son who survived the truster — held that the share of the son vested a morte testatoris.
