Milne's Trustees v. Milne and Others [1920] ScotLR 372 (19 March 1920)

Milne's Trustees v. Milne and Others [1920] ScotLR 372 (19 March 1920)

The widow's right to possess the house was construed as a liferent, entitling her to let the house furnished or unfurnished during her lifetime, but obliging her to pay feu-duty, proprietor's rates and taxes, repairs, and insurance, as the testator intended her to occupy the house subject to the same burdens he himself paid.

Citation
[1920] ScotLR 372
Parties
First Party: James Milne (secundus), testamentary trustee of James Milne (primus); Second Party: Mrs Mary Jane Walker or Milne, widow of James Milne (primus); Third Parties: James Milne (secundus) and others, children of James Milne (primus)
Jurisdiction
Scotland
Judgment Date
19 March 1920
Procedural Posture
Special Case / Judgment
Outcome
Questions answered in the affirmative; widow entitled to let house and liable for burdens.
Legal Topics
Construction of Testamentary Provisions, Right to Let Property, Incidence of Proprietor's Burdens
Succession Trusts Testamentary Law Construction of Testamentary Provisions Right to Let Property Incidence of Proprietor's Burdens

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Parties

James Milne (secundus), testamentary trustee of James Milne (primus)

First Party

Mrs Mary Jane Walker or Milne, widow of James Milne (primus)

Second Party

James Milne (secundus) and others, children of James Milne (primus)

Third Parties

Procedural Posture

Special Case / Judgment

Legal Issues

  1. 1 Whether the widow's right to possess the house includes the right to let it furnished or unfurnished
  2. 2 Whether the widow is liable for payment of feu-duty, proprietor's rates and taxes, repairs, and insurance

Ratio Decidendi

The widow's right to possess the house was construed as a liferent, entitling her to let the house furnished or unfurnished during her lifetime, but obliging her to pay feu-duty, proprietor's rates and taxes, repairs, and insurance, as the testator intended her to occupy the house subject to the same burdens he himself paid.

Court Disposition

Questions answered in the affirmative; widow entitled to let house and liable for burdens.

Orders

  • Widow may let the house furnished or unfurnished during her lifetime.
  • Widow is liable for payment of feu-duty, proprietor's rates and taxes, repairs, and insurance.