Scottish Court of Session Decisions

By her trust disposition and settlement the late Mrs Cecilia Douglas conveyed her property to trustees for certain purposes, and inter alia directed them to assign, convey, and make over the proportion of certain debts therein mentioned, to the extent of £1000 sterling, to Mrs Esther Sutherland, wife of Alexander Sutherland, “declaring that the said sum shall, upon no account or pretence whatever, fall under, or be in any degree subject to the jus mariti of the said Alexander Sutherland, or under his control and management, nor be liable to nor affected by his debts or deeds, or the diligence of his creditors, the said sum being to remain as an alimentary fund free of any such debts and deeds; and in the event of the said Alexander Sutherland surviving his said wife he shall be entitled to enjoy the interest of the said sum during his life, and upon his death it shall go to the heirs of his said wife: which declaration my said trustees are requested to carry into effect.” Mrs Esther Sutherland died in 1850, having been predeceased by her husband. They left two children, Janet and Robert Sutherland. The truster survived till 1862. Robert Sutherland is said to have predeceased the testatrix. Thereafter Janet Sutherland and her husband raised the present action against the trustees of Mrs Douglas for payment of the foresaid sum of £1000. The trustees resist the action upon the plea that the direction to assign the £1000 has lapsed by Mrs Esther Sutherland having predeceased the truster. The case having come to depend before Lord Jerviswoode, his Lordship held that in the events which have occurred an effectual direction was constituted to convey and make over the proportion of debts to the extent of £1000 to the heirs of Esther Sutherland, with interest since the death of the truster. Against this judgment the trustees reclaimed. After hearing counsel to-day the Court adhered.