Scott and Others Scott' Trustees [1912] ScotLR 299 (21 December 1912)

Scott and Others Scott' Trustees [1912] ScotLR 299 (21 December 1912)

The executrix of Alfred Thomas Scott is entitled to his share of the marriage-contract provision, but this amount must be deducted from the share of residue to which his child is entitled under the will, not from the general estate. The testator's intention, as construed from the will, was that the issue of a predeceasing child should not receive more than the parent could have claimed, and the marriage-contract provision is not to be treated as a general debt of the estate in this context.

Citation
[1912] ScotLR 299
Parties
First Parties: Alexander Whitson Scott and others, trustees under the trust-disposition and settlement of the late James Scott; Second Party: Mrs Bella Stewart Dawson or Scott, widow and executrix of Alfred Thomas Scott; Third Party: James Eric Dawson Scott, only child of Alfred Thomas Scott; Fourth Parties: David Scott and others, children and grandchildren of the truster
Jurisdiction
Scotland
Judgment Date
21 December 1912
Procedural Posture
Special Case (succession/trust) / Judgment of the Inner House, Second Division
Outcome
First alternative of the third question answered in the affirmative; second alternative answered in the negative.
Legal Topics
Construction of Wills, Approbate and Reprobate, Marriage Contract Provisions, Vesting of Interests
Succession Trusts and Estates Construction of Wills Approbate and Reprobate Marriage Contract Provisions Vesting of Interests

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Parties

Alexander Whitson Scott and others, trustees under the trust-disposition and settlement of the late James Scott

First Parties

Mrs Bella Stewart Dawson or Scott, widow and executrix of Alfred Thomas Scott

Second Party

James Eric Dawson Scott, only child of Alfred Thomas Scott

Third Party

David Scott and others, children and grandchildren of the truster

Fourth Parties

Procedural Posture

Special Case (succession/trust) / Judgment of the Inner House, Second Division

Legal Issues

  1. 1 Whether the share of the marriage-contract provision due to Alfred Thomas Scott is to be paid exclusively from the share of residue to which his child is entitled or from the general estate of James Scott
  2. 2 Whether the issue of a predeceasing child can claim both under the marriage contract and the will

Ratio Decidendi

The executrix of Alfred Thomas Scott is entitled to his share of the marriage-contract provision, but this amount must be deducted from the share of residue to which his child is entitled under the will, not from the general estate. The testator's intention, as construed from the will, was that the issue of a predeceasing child should not receive more than the parent could have claimed, and the marriage-contract provision is not to be treated as a general debt of the estate in this context.

Court Disposition

First alternative of the third question answered in the affirmative; second alternative answered in the negative.

Orders

  • Alfred Thomas Scott's share of the marriage-contract provision is to be paid exclusively from the share of residue to which his child is entitled.
  • No deduction from the general estate for this provision.