Gunn's Trustees v. Macfarlane [1900] ScotLR 37_499 (03 March 1900)

Gunn's Trustees v. Macfarlane [1900] ScotLR 37_499 (03 March 1900)

William Macfarlane and his children are only entitled to three-tenths of the free residue of the estate after deduction of legitim claims, as legitim are debts that must be satisfied before residue is ascertained. Since they receive all that the will gave them, there is no basis for equitable compensation.

Citation
[1900] ScotLR 37_499
Parties
Pursuer: Mrs Gunn's Trustees; Claimant: William Macfarlane; Claimant: Alexander Goodsir Macfarlane's Executor-Dative; Claimant: Marriage-Contract Trustees of Mrs Helen Macfarlane or Horne; Claimant: Trustees of Malcolm David Macfarlane; Claimant: Marriage-Contract Trustees of Mrs Agnes Goodsir Macfarlane and Miss Eliza Macfarlane
Jurisdiction
Scotland
Judgment Date
03 March 1900
Procedural Posture
Multiplepoinding / Reclaiming Note (appeal) in Inner House, Second Division
Outcome
Reclaiming-note refused; Court adhered to Lord Ordinary's interlocutor.
Legal Topics
Bequest of Free Residue, Legitim Claims, Equitable Compensation, Intestacy
Succession Trusts and Estates Bequest of Free Residue Legitim Claims Equitable Compensation Intestacy

Case Brief

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Parties

Mrs Gunn's Trustees

Pursuer

William Macfarlane

Claimant

Alexander Goodsir Macfarlane's Executor-Dative

Claimant

Marriage-Contract Trustees of Mrs Helen Macfarlane or Horne

Claimant

Trustees of Malcolm David Macfarlane

Claimant

Marriage-Contract Trustees of Mrs Agnes Goodsir Macfarlane and Miss Eliza Macfarlane

Claimant

Procedural Posture

Multiplepoinding / Reclaiming Note (appeal) in Inner House, Second Division

Legal Issues

  1. 1 Whether the share bequeathed to William Macfarlane and his children should be calculated before or after deduction of legitim claims
  2. 2 Whether equitable compensation is due to William Macfarlane and his children due to reduction of their share by legitim claims

Ratio Decidendi

William Macfarlane and his children are only entitled to three-tenths of the free residue of the estate after deduction of legitim claims, as legitim are debts that must be satisfied before residue is ascertained. Since they receive all that the will gave them, there is no basis for equitable compensation.

Court Disposition

Reclaiming-note refused; Court adhered to Lord Ordinary's interlocutor.

Orders

  • William Macfarlane and his children entitled to three-tenths of the free residue after deduction of legitim claims
  • No equitable compensation awarded