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One of the truster's surviving children died before the trustees had divided and paid over the whole of the residue. Held that he had a vested right in a share of the residue still in the possession of the trustees.
Mr William M‘Lean of Plantation, Glasgow, died on 22nd February 1867 leaving a trust-disposition and settlement with relative codicil dated respectively 26th May and 18th December 1866.
The truster was survived by his widow, his sister, two sons mentioned in the former part of his disposition, and the children and grandchildren mentioned in the last purpose quoted above.
A special case was presented for the purpose of determining the disposal of one-sixth of the residue of the truster's estate still in the hands of the trustees. The parties to the case were (1st) Mr William M'Lean's trustees, (2nd and 3rd) Mr Charles M'Lean's two daughters and his widow, and (4th) the trustees under his assignation.
Counsel for the First Parties— Craigie Agents — Millar, Robson, & M'Lean , W.S.
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