M'Lean v. M'Lean and Others

Subject_1 Wills and Succession Subject_2 Legacy “Payable as at my Death,” and on Majority or Marriage Subject_3 Interest on Legacy. Facts: A testator provided for payment to each of his children of a legacy of £10,000, “which shall be payable as at my death, and on their respectively attaining twenty-one years of age, or, in the case of females, on their respective marriages before attaining such age, and the same shall not vest until the period of payment.”

Held that interest accrued upon the legacies from the date of the testator's death.

The truster was survived by his widow and seven children, three sons and four daughters. The eldest was born on 2nd June 1866, and the youngest on 31st October 1877, and consequently all were in minority at the truster's death.

This special case for the opinion and judgment of the Court was presented by (1) the trustees and executors; (2) the testator's daughters, with consent and concurrence of their curators; and (3) his sons, with the consent of the curators appointed to them.

The question for the consideration of the Court was in these terms as amended at the bar—“Whether each child of the testator on the arrival of the term of payment of his or her legacy of £10,000 will be entitled to payment of the accumulations of interest and profit effeiring thereto along with the capital?”