Souter (M'Adam's Executor) v. Souters [1904] ScotLR 42_145 (02 December 1904)

Souter (M'Adam's Executor) v. Souters [1904] ScotLR 42_145 (02 December 1904)

Where a curator bonis, acting under necessity and with court authority, sells heritable property to provide for the maintenance of a ward, the proceeds are to be treated as moveable estate for the purposes of succession.

Citation
[1904] ScotLR 42_145
Parties
Executor Dative and Heir at Law (first and Second Party): Alexander Souter; Next of Kin and Representatives in Mobilibus (third Parties): William Souter and others; Heir at Law (second Party): Alexander Souter
Jurisdiction
Scotland
Judgment Date
02 December 1904
Procedural Posture
Special Case (succession Dispute) / Judgment (inner House, First Division)
Outcome
Estate held to be moveable quoad succession; first question answered in the negative, second in the affirmative.
Legal Topics
Conversion of Heritable Property, Curator Bonis Powers, Succession to Estate of Lunatic, Distinction Between Heritable and Moveable Property, Necessity in Administration
Succession Law Property Law Mental Health Law Conversion of Heritable Property Curator Bonis Powers Succession to Estate of Lunatic Distinction Between Heritable and Moveable Property Necessity in Administration

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Parties

Alexander Souter

Executor Dative and Heir at Law (first and Second Party)

William Souter and others

Next of Kin and Representatives in Mobilibus (third Parties)

Alexander Souter

Heir at Law (second Party)

Procedural Posture

Special Case (succession Dispute) / Judgment (inner House, First Division)

Legal Issues

  1. 1 Whether the estate left by Mrs Mary Souter or M'Adam at her death was heritable or moveable quoad succession
  2. 2 Whether sale of heritable property by curator bonis, under necessity for maintenance, converts it into moveable property for succession purposes

Ratio Decidendi

Where a curator bonis, acting under necessity and with court authority, sells heritable property to provide for the maintenance of a ward, the proceeds are to be treated as moveable estate for the purposes of succession.

Court Disposition

Estate held to be moveable quoad succession; first question answered in the negative, second in the affirmative.

Orders

  • Estate to be divided among heirs in mobilibus as moveable property.