M.P. - Hill's Trustees v. Hill and Others

Subject_1 Trust—Bequest of Interest—Vesting—Intestacy Subject_2 Accretion. Facts: A person by his trust-deed appointed a sum of money to be distributed in 1878, and the intermediate interest accruing to be paid to his brother, who survived him, but died in 1864. Held that the bequest of interest had vested in the brother by his survivance, and his executor preferred thereto in competition with the truster's heirs ab intestato , and the persons among whom the money was to be ultimately distributed, the latter claiming right to it jure accretionis .

Note .—The question which has here formed the subject of an ingenious and able argument has arisen in relation to the terms of a deed of peculiar and unusual terms, so far at least as it has relation to the particular question of which alone the Lord Ordinary has been called on to dispose.

It is here maintained with much force, that, as there is no destination over or provision for the payment to the heirs of Robert Hill of the interest of the sum of £6000 which may fall in after the death of Robert Hill, and before the youngest son of Dr Andrew Hill shall attain twenty-one years of age, this interest is either to be dealt with as intestate succession, or is carried to the parties to whom the fee of the principal sum is ultimately destined.

On the whole, after examining with care the various cases quoted, which have some analogy to the present, but which cannot rule it, as in none of them, so far as the Lord Ordinary can see, did a bequest of so peculiar a character occur, the Lord Ordinary has come to the conclusion that the claim of the party who takes directly and properly as in the place and right of Robert ought to be preferred.

Lord Advocate and H. J. Moncreiff were heard for the heirs ab intestate , and cited Turnbull v. Cowan , 17th March 1848, 6 Bell's App. 222 , and Lord v. Colvin , 23 D. 132 .