LADY BRUCE & Ors v Mrs MOIR & Ors (Court of Session)

Lady Bruce, as heir of the original trustee, made up titles to the trust-property, and executed a commission in favour of Mr Robertson. To this commission Mrs Moir, the truster, and some of her children, were parties consenting; and the deed contained a ratification by Mrs Moir of the settlement of 1826, and a declaration that Mr Robertson ‘shall pay, lay out, invest and apply the residue of the said trust-funds in the manner, for the purposes, and under the conditions specified and contained in the said deed of settlement and division.’

Under this commission the lands were sold; and from a state made up by Mr Robertson, it appeared, that after paying the debts, and setting aside a sum to meet Mrs Moir's annuity, there would not be sufficient to pay to each of the children their original provision of L.600.

In order to carry this arrangement into effect, this process of multiplepoinding was brought in the name of Lady Bruce, as trustee, and Mr Robertson, as her commissioner.

The parties who concurred in the above arrangement claimed their respective shares in terms thereof, and pleaded —That the provision in the trust-deed of L.600 to each of the children had vested in them, and the clause, substituting the issue of such of the children who may have predeceased, in place of their parents, had no reference to these special provisions, but applied only to the residue; and as it was now ascertained that there would be no residue, that clause could have no effect to prevent the arrangement proposed for putting an end to the trust.

A claim was lodged for Lady Baird, and for the children of William Moir, the eldest son, who had assigned his special legacy to his sister Matilda, in which they objected to the arrangement, and pleaded —