Scottish Court of Session Decisions

Richard French died on 3d November 1873 survived by his widow and a married daughter. In a trust-disposition and settlement he directed his trustees, inter alia, to pay over to his wife the rents of his whole estate for her liferent use allenarly, and secondly, “after the death of my spouse” to value the said estate and sell it to his grandson Richard Torrance French, and then to divide the price thereof so that a double share should be paid to him, and the remainder be divided equally amongst his other grandchildren “born or to be born of my said daughter.” His widow died on 14th July 1877, and his daughter Mrs French had a family of seven children, of whom the said Richard Torrance French was the eldest. A dispute having arisen as to whether the period at which the estate was to be divided was to be the death of the widow, the liferentrix, or the death of Mrs French, this Special Case was presented to the Court for opinion and judgment.

The Court were of opinion that as the death of the widow was the date fixed by the truster in his settlement as the date of division, the children's shares vested at that date.