Hunter v. Hunter [1904] ScotLR 42_92 (24 November 1904)

Hunter v. Hunter [1904] ScotLR 42_92 (24 November 1904)

The sums paid by the newspapers were not part of the deceased's estate but were payable only to the person selected by the editor in bona fide exercise of discretion. The defender received the money as an individual and not as trustee for the next-of-kin. No liability to account arises.

Citation
[1904] ScotLR 42_92
Parties
Pursuer and Reclaimer: David Hunter; Pursuer and Reclaimer: Alexander Hunter; Defender and Respondent: Margaret Farquhar Hunter
Jurisdiction
Scotland
Judgment Date
24 November 1904
Procedural Posture
Civil Succession/trust/insurance / Appeal (reclaiming Motion) From Lord Ordinary
Outcome
Appeal refused; judgment for defender affirmed; defender assoilzied (absolved) with expenses.
Legal Topics
Constitution of Trust, Next of Kin, Intestate Succession, Insurance Payouts, Editorial Discretion
Trusts and Succession Insurance Law Constitution of Trust Next of Kin Intestate Succession Insurance Payouts Editorial Discretion

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Parties

David Hunter

Pursuer and Reclaimer

Alexander Hunter

Pursuer and Reclaimer

Margaret Farquhar Hunter

Defender and Respondent

Procedural Posture

Civil Succession/trust/insurance / Appeal (reclaiming Motion) From Lord Ordinary

Legal Issues

  1. 1 Whether sums paid by newspaper to person adjudged by editor to be next-of-kin of deceased are held as trustee for all next-of-kin or as individual property
  2. 2 Whether such sums form part of the deceased's estate for distribution among next-of-kin

Ratio Decidendi

The sums paid by the newspapers were not part of the deceased's estate but were payable only to the person selected by the editor in bona fide exercise of discretion. The defender received the money as an individual and not as trustee for the next-of-kin. No liability to account arises.

Court Disposition

Appeal refused; judgment for defender affirmed; defender assoilzied (absolved) with expenses.

Orders

  • Defender assoilzied (absolved) from claims of pursuers.
  • Pursuers' action dismissed.