Battye's Trustees v. Battye and Others [1917] ScotLR 326 (01 March 1917)

Battye's Trustees v. Battye and Others [1917] ScotLR 326 (01 March 1917)

The marriage contract, executed in Scotland in Scottish form by a domiciled Scotswoman, with Scottish trustees and funds, and containing technical Scottish legal terms, must be construed according to Scots law. The destination to 'own heirs, executors, or assignees' is a testate disposition, not intestacy, and refers to heirs ascertained by Scots law, not English law, regardless of the wife's change of domicile. The intention was to benefit her own Scottish relatives, not her husband under English law.

Citation
[1917] ScotLR 326
Parties
First Party (trustee): Henry Smith, W. S., sole trustee under the antenuptial marriage contract of Captain (afterwards Major-General) Henry Doveton Battye and Miss Susan Wellwood Boswell (Mrs Battye); Second Party (administrator of Husband): Colonel Montague M'Pherson Battye, as administrator of Major-General Battye, appointed by the English Courts; Third Party (executor of Brother): Hugh Mitchell, solicitor, Pitlochry, executor of Major-General John James Boswell, only brother of Mrs Battye; Fourth Parties (representatives of Sisters): Charles John Rattray and others, representatives of Mrs Maria Ann Boswell or Rattray, a sister of Mrs Battye, and others, representatives of Mrs Sibella Boswell or Hill, the other sister of Mrs Battye; Fifth Party (trustee of Mrs Rattray's Son): Alexander Guild, W. S., Edinburgh, as testamentary trustee of a son of Mrs Rattray; Sixth Parties (trustees of Mrs Hill's Husband): Sir Christopher Nicholson Johnston, K. C., and another, testamentary trustees of the husband of Mrs Hill
Jurisdiction
Scotland
Judgment Date
01 March 1917
Procedural Posture
Special Case (court of Session, Inner House, First Division) / Final Judgment
Outcome
For the third, fourth, fifth, and sixth parties; trust funds to be paid to Mrs Battye's heirs as ascertained by Scots law.
Legal Topics
Construction of Marriage Contract, Choice of Law (lex Domicilii Vs Lex Loci Actus), Testate Vs Intestate Succession, Interpretation of 'heirs, Executors, And Assignees', Effect of Change of Domicile on Succession
Succession Conflict of Laws Trusts and Estates Construction of Marriage Contract Choice of Law (lex Domicilii Vs Lex Loci Actus) Testate Vs Intestate Succession Interpretation of 'heirs, Executors, and Assignees' Effect of Change of Domicile on Succession

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 17 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Henry Smith, W. S., sole trustee under the antenuptial marriage contract of Captain (afterwards Major-General) Henry Doveton Battye and Miss Susan Wellwood Boswell (Mrs Battye)

First Party (trustee)

Colonel Montague M'Pherson Battye, as administrator of Major-General Battye, appointed by the English Courts

Second Party (administrator of Husband)

Hugh Mitchell, solicitor, Pitlochry, executor of Major-General John James Boswell, only brother of Mrs Battye

Third Party (executor of Brother)

Charles John Rattray and others, representatives of Mrs Maria Ann Boswell or Rattray, a sister of Mrs Battye, and others, representatives of Mrs Sibella Boswell or Hill, the other sister of Mrs Battye

Fourth Parties (representatives of Sisters)

Alexander Guild, W. S., Edinburgh, as testamentary trustee of a son of Mrs Rattray

Fifth Party (trustee of Mrs Rattray's Son)

Sir Christopher Nicholson Johnston, K. C., and another, testamentary trustees of the husband of Mrs Hill

Sixth Parties (trustees of Mrs Hill's Husband)

Procedural Posture

Special Case (court of Session, Inner House, First Division) / Final Judgment

Legal Issues

  1. 1 Whether the trust funds settled by Mrs Battye fall to be paid to her heirs and executors as ascertained according to the law of Scotland or to her husband’s administrator under English law
  2. 2 Whether the marriage contract's destination to 'own heirs, executors, and assignees' constitutes a testate disposition or intestacy
  3. 3 Whether the law of Scotland or England governs the succession to the trust funds

Ratio Decidendi

The marriage contract, executed in Scotland in Scottish form by a domiciled Scotswoman, with Scottish trustees and funds, and containing technical Scottish legal terms, must be construed according to Scots law. The destination to 'own heirs, executors, or assignees' is a testate disposition, not intestacy, and refers to heirs ascertained by Scots law, not English law, regardless of the wife's change of domicile. The intention was to benefit her own Scottish relatives, not her husband under English law.

Court Disposition

For the third, fourth, fifth, and sixth parties; trust funds to be paid to Mrs Battye's heirs as ascertained by Scots law.

Orders

  • Trust funds to be paid to Mrs Battye's heirs according to the law of Scotland.
  • Second party's claim as administrator of the husband under English law rejected.