M'Kay's Trustees v. Gray

Held that the period at which a share of the testator's estate vested in the children who survived the testator was the date at which each of them in the case of sons respectively attained majority, and in the case of daughters attained majority or were married, and that the date of vesting was not postponed till the death of the testator's widow.

Daniel M'Kay, builder, Edinburgh, died on 11th June 1890 leaving a trust-disposition and settlement dated 20th February 1885, by which he conveyed his whole estate to trustees.

By the third purpose the testator directed his trustees to pay the income and produce of his whole estate to Mrs Rebecca Trayner or M'Kay, his wife, while she remained his widow.

The testator was also survived by eight children. One of these, Joseph M'Kay, died on 3rd March 1898 after attaining majority but without leaving issue. He left a will bequeathing all his property to the children of his sister Mrs Henrietta Mackay or Gray.

A question arose as to whether a share in the residue of the testator's estate vested in Joseph M'Kay in view of the fact that he died before the termination of the widow's liferent.