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THE RIGHT HONOURABLE GERALD ARTHUR JAMES, EARL OF BALFOUR, VISCOUNT TRAPRAIN OF WHITTINGEHAME
Alt: Agnew of Lochnaw, Q.C. (for 2 nd to 5 th Respondents) (Trustees); Anderson Strathern, W.S.
"I hereby cancel the nomination of my said brother Gerald as the first liferenter or heir ceded to the succession of the rest and residue of my whole means and estate as provided for "In the Seventh Place" in said Trust Disposition and Settlement, and I now instruct that in his place the heir male of his body shall be the person first entitled to succeed thereunder, and I wish to say that I have made this alteration to save my heirs as much estate duty as possible: and in all other respects I confirm the foregoing Trust Disposition and Settlement."
In particular, the issue concerns the meaning to be given to the phrase "the date of such trust disposition or settlement or other deed of trust" in the context of the present case, where Lord Balfour was born after the date of the trust disposition and settlement but before the date of the first codicil.
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Common Room
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