Petrie v. Petrie (Petrie's Executrix) and Another [1910] ScotLR 225 (23 December 1910)

Petrie v. Petrie (Petrie's Executrix) and Another [1910] ScotLR 225 (23 December 1910)

The majority held that the pursuer's evidence, corroborated by facts and circumstances, was sufficient to prove an interchange of matrimonial consent per verba de præsenti, thus constituting a valid marriage. The cumulative effect of the evidence, including the deceased's repeated assurances and public treatment of the pursuer as his wife, outweighed the divided repute and absence of formal documentation. The Court found the evidence insufficient to establish marriage by habit and repute alone, but adequate to support the pursuer's primary case.

Citation
[1910] ScotLR 225
Parties
Pursuer: Mrs Annette Cooper or Gordon Petrie; Defender/executrix Dative Qua Next of Kin of the Late A. G. Petrie and as an Individual: Margaret Cathro Petrie; Defender: Another (the only other next-of-kin known to the pursuer)
Jurisdiction
Scotland
Judgment Date
23 December 1910
Procedural Posture
Declarator of Marriage and Associated Pecuniary Claims / Inner House, First Division, Court of Session (appeal/reclaiming Motion After Lord Ordinary's Decree)
Outcome
Decree of declarator of marriage granted in favour of the pursuer; Lord Ordinary's judgment affirmed by majority.
Legal Topics
Constitution of Marriage, Proof of Marriage, Marriage Per Verba De Præsenti, Marriage by Habit and Repute, Widow's Rights, Status and Property Rights
Family Law Succession Law Constitution of Marriage Proof of Marriage Marriage Per Verba De Præsenti Marriage by Habit and Repute Widow's Rights Status and Property Rights

Case Brief

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Parties

Mrs Annette Cooper or Gordon Petrie

Pursuer

Margaret Cathro Petrie

Defender/executrix Dative Qua Next of Kin of the Late A. G. Petrie and as an Individual

Another (the only other next-of-kin known to the pursuer)

Defender

Procedural Posture

Declarator of Marriage and Associated Pecuniary Claims / Inner House, First Division, Court of Session (appeal/reclaiming Motion After Lord Ordinary's Decree)

Legal Issues

  1. 1 Whether a valid marriage was constituted between the pursuer and the deceased Alexander Gordon Petrie per verba de præsenti
  2. 2 Whether marriage was established by habit and repute
  3. 3 Whether the pursuer is entitled to the rights and privileges of a lawful wife, including succession rights

Ratio Decidendi

The majority held that the pursuer's evidence, corroborated by facts and circumstances, was sufficient to prove an interchange of matrimonial consent per verba de præsenti, thus constituting a valid marriage. The cumulative effect of the evidence, including the deceased's repeated assurances and public treatment of the pursuer as his wife, outweighed the divided repute and absence of formal documentation. The Court found the evidence insufficient to establish marriage by habit and repute alone, but adequate to support the pursuer's primary case.

Court Disposition

Decree of declarator of marriage granted in favour of the pursuer; Lord Ordinary's judgment affirmed by majority.

Orders

  • Declarator that the pursuer and the late Alexander Gordon Petrie were married persons at and prior to his death.
  • Pursuer entitled to all rights and privileges of a lawful wife, including succession rights.