A testator domiciled in Scotland conveyed his estate to trustees in trust for his seven children equally, six of them to take in fee and the seventh, a daughter, in liferent, the fee going to her issue. The estate included immoveable property in Argentina, and the courts of that country declared the testator’s provisions with regard to it null and void as being contrary to the laws of that country. These laws prohibit any trust in heritable property. The seven children consequently took that property ab intestato, and the daughter further claimed her legitim. Her issue now claimed that the other six children of the testator could not take benefit under the settlement without bringing into account their shares of the Argentine property.
Held ( dis. Viscount Cave, rev. judgment of First Division) that the six children were not put to their election, on the ground, per Viscount Haldane, Viscount Finlay, and Lord Moulton, contra Viscount Cave, that they were unable, under the law of Argentina, to make their shares of the property in that country available to the trust; per Lord Dunedin, that what was proposed would not ‘give legal effect and operation to the will.’
Viscount Haldane, Viscount Finlay, Viscount Cave, Lord Dunedin, and Lord Moulton
[1920] UKHL 391, 57 SLR 391
Bailii
Scotland
Updated: 04 April 2021; Ref: scu.631522 br>
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