6/4/2007
START DATE
END DATE
15-Jun-07
Wendell Hollis and Joseph C.H. Johnson v. Alexander Scrymgeour
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
Court of Appeal for Bermuda
Trusts Property Law
Hon Justice Zacca President Hon Justice Evans J.A. Hon Justice Ward J.A.
FACTS OF THE CASE:
John Scrymgeour advanced funds for the purchase of Greensleeves Cottage by forming a trust Interior Trust with his son Alex as the beneficiary to utilize Alex's Bermudian status. The property was intended for John's use until his death after which Alex was to inherit it. No loan documents were executed leading to a dispute on whether the funds were a loan or a gift to the trust.
SUMMARY:
Whether the advance by John Scrymgeour was a loan or a gift to the Interior Trust.
OUTCOMES:
The advance was not a loan but a contribution to the trust for Alex the beneficiary.
RULED IN FAVOUR OF:
Defendant (Alexander Scrymgeour)
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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Wendell Hollis and Joseph C.H. Johnson v. Alexander Scrymgeour
John Scrymgeour advanced funds for the purchase of Greensleeves Cottage by forming a trust Interior Trust with his son Alex as the beneficiary to utilize Alex's Bermudian status. The property was intended for John's use until his death after which Alex was to inherit it. No loan documents were executed leading to a dispute on whether the funds were a loan or a gift to the trust.