Leslie's Trustees v. Leslie and Others [1921] ScotLR 592 (19 July 1921)

Leslie's Trustees v. Leslie and Others [1921] ScotLR 592 (19 July 1921)

The widow is entitled to both the property conveyed by inter vivos disposition and her legal right of jus relictæ, as the disposition was not testamentary and not inconsistent with the antenuptial contract. The provision in favour of the son by the first marriage in the antenuptial contract was irrevocable, as the contract clearly intended to place him on equal footing with the children of the second marriage.

Citation
[1921] ScotLR 592
Parties
First Parties: Magnus Harper Sinclair, seedsman, Kepple-stone, and others, trustees acting under the antenuptial contract of marriage and the postnuptial contract of marriage entered into between the late Captain John Leslie and Margaret Hector; Second Party: Mrs Jane Hector Taylor or Leslie, widow of Captain Leslie; Third Party: John Cadenhead Leslie, formerly named John Leslie junior; Fourth Parties: Norman Hector Leslie and Andrew Edward Hector Leslie
Jurisdiction
Scotland
Judgment Date
19 July 1921
Procedural Posture
Special Case / Judgment
Outcome
Second party entitled to both the property conveyed by disposition and jus relictæ; provision in favour of third party irrevocable.
Legal Topics
Antenuptial Marriage Contract, Postnuptial Marriage Contract, Marriage Provision, Jus Relictæ, Revocation of Beneficiary Rights, Election Between Legal Rights and Provision
Family Law Succession Law Antenuptial Marriage Contract Postnuptial Marriage Contract Marriage Provision Jus Relictæ Revocation of Beneficiary Rights Election Between Legal Rights and Provision

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Parties

Magnus Harper Sinclair, seedsman, Kepple-stone, and others, trustees acting under the antenuptial contract of marriage and the postnuptial contract of marriage entered into between the late Captain John Leslie and Margaret Hector

First Parties

Mrs Jane Hector Taylor or Leslie, widow of Captain Leslie

Second Party

John Cadenhead Leslie, formerly named John Leslie junior

Third Party

Norman Hector Leslie and Andrew Edward Hector Leslie

Fourth Parties

Procedural Posture

Special Case / Judgment

Legal Issues

  1. 1 Is the widow (third wife) entitled to both the property conveyed to her by inter vivos disposition and her legal rights of jus relictæ?
  2. 2 Is she bound to elect between the subjects provided to her in the disposition and her legal rights?
  3. 3 Were Captain Leslie and his second wife entitled to revoke the provision in favour of the son by the first marriage contained in the antenuptial contract, and was it validly revoked by the postnuptial contract?

Ratio Decidendi

The widow is entitled to both the property conveyed by inter vivos disposition and her legal right of jus relictæ, as the disposition was not testamentary and not inconsistent with the antenuptial contract. The provision in favour of the son by the first marriage in the antenuptial contract was irrevocable, as the contract clearly intended to place him on equal footing with the children of the second marriage.

Court Disposition

Second party entitled to both the property conveyed by disposition and jus relictæ; provision in favour of third party irrevocable.

Orders

  • Second party entitled to both the subjects provided to her in the disposition and her legal right of jus relictæ, excluding terce.
  • Provision in favour of third party in antenuptial contract irrevocable; postnuptial contract ineffective to revoke.