Simpson and Others (Simpson's Trustees) v. Simpson [1911] ScotLR 215 (21 December 1911)

Simpson and Others (Simpson's Trustees) v. Simpson [1911] ScotLR 215 (21 December 1911)

The clause in the marriage contract empowering the husband to revoke, alter, or vary the provisions to his children was valid and not repugnant to the contract. The power was effectually exercised by the subsequent trust-disposition and settlement, which superseded the provisions of the marriage contract regarding the children.

Citation
[1911] ScotLR 215
Parties
First Parties (trustees): Mrs Catherine Paterson Forbes or Simpson and others (Simpson's Trustees); Second Party (widow): Mrs Catherine Paterson or Simpson (as an individual); Third Parties (daughters): Mrs Catherine Monro Forbes Simpson or Taylor, Miss Alison Nisbet Simpson, and Mrs Jessie Forbes Simpson or Adair; Fourth Party (son): Frederick George Simpson; Fifth Party (sister in Law): Miss Elizabeth Forbes; Sixth Parties (grandchildren): Grandchildren of George Simpson
Jurisdiction
Scotland
Judgment Date
21 December 1911
Procedural Posture
Special Case (court of Session, Inner House, Second Division) / Judgment on Questions of Law Regarding Effect of Antenuptial Contract and Testamentary Settlement
Outcome
First and second questions answered in the affirmative; remaining questions superseded.
Legal Topics
Antenuptial Contracts, Children's Provisions, Power of Revocation, Discharge of Legitim, Testamentary Capacity
Family Law Succession Law Trusts and Estates Antenuptial Contracts Children's Provisions Power of Revocation Discharge of Legitim Testamentary Capacity

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Mrs Catherine Paterson Forbes or Simpson and others (Simpson's Trustees)

First Parties (trustees)

Mrs Catherine Paterson or Simpson (as an individual)

Second Party (widow)

Mrs Catherine Monro Forbes Simpson or Taylor, Miss Alison Nisbet Simpson, and Mrs Jessie Forbes Simpson or Adair

Third Parties (daughters)

Frederick George Simpson

Fourth Party (son)

Miss Elizabeth Forbes

Fifth Party (sister in Law)

Grandchildren of George Simpson

Sixth Parties (grandchildren)

Procedural Posture

Special Case (court of Session, Inner House, Second Division) / Judgment on Questions of Law Regarding Effect of Antenuptial Contract and Testamentary Settlement

Legal Issues

  1. 1 Whether the reservation by George Simpson of power to revoke, alter, or vary the provisions to his children in the marriage contract was valid and effectual
  2. 2 Whether the power to revoke, alter, or vary was validly exercised by the trust-disposition and settlement

Ratio Decidendi

The clause in the marriage contract empowering the husband to revoke, alter, or vary the provisions to his children was valid and not repugnant to the contract. The power was effectually exercised by the subsequent trust-disposition and settlement, which superseded the provisions of the marriage contract regarding the children.

Court Disposition

First and second questions answered in the affirmative; remaining questions superseded.

Orders

  • The reservation of power to revoke, alter, or vary the provisions to the children in the marriage contract was valid and effectual.
  • The power was validly exercised by the trust-disposition and settlement.