Gordon's Curator Bonis Petitioner [1902] ScotLR 39_396 (26 February 1902)

Gordon's Curator Bonis Petitioner [1902] ScotLR 39_396 (26 February 1902)

In circumstances where the heir of entail was mentally incapacitated at the time of succession and could not provide for his wife and younger children, and where the proximate heirs consent, the Court may grant the curator bonis power to make such provision, as this aligns with the natural duty and legislative intent.

Citation
[1902] ScotLR 39_396
Parties
Curator Bonis (petitioner): Kenneth Francis Gordon; Ward (heir of Entail): Lewis Gordon, Esquire, of Abergeldie; Wife of Ward (beneficiary): Mrs Isabella Lyall or Gordon; Younger Child (beneficiary): Bertram Fuller Gordon; Younger Child (beneficiary): Lewis Malcolm Gordon; Younger Child (beneficiary): Emily Flaxman Gordon; Younger Child (beneficiary): Kenneth Francis Gordon (junior); Younger Child (beneficiary): William Maurice Gordon
Jurisdiction
Scotland
Judgment Date
26 February 1902
Procedural Posture
Curatory Note for Special Powers / Decision on Application for Power to Grant Bonds of Annuity and Provision
Outcome
Application granted
Legal Topics
Curator Bonis Powers, Provision for Family, Entailed Estates, Aberdeen Act, Judicial Discretion
Trusts and Estates Mental Incapacity Family Law Curator Bonis Powers Provision for Family Entailed Estates Aberdeen Act Judicial Discretion

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Parties

Kenneth Francis Gordon

Curator Bonis (petitioner)

Lewis Gordon, Esquire, of Abergeldie

Ward (heir of Entail)

Mrs Isabella Lyall or Gordon

Wife of Ward (beneficiary)

Bertram Fuller Gordon

Younger Child (beneficiary)

Lewis Malcolm Gordon

Younger Child (beneficiary)

Emily Flaxman Gordon

Younger Child (beneficiary)

Kenneth Francis Gordon (junior)

Younger Child (beneficiary)

William Maurice Gordon

Younger Child (beneficiary)

Procedural Posture

Curatory Note for Special Powers / Decision on Application for Power to Grant Bonds of Annuity and Provision

Legal Issues

  1. 1 Whether a curator bonis may be granted power to provide for the ward's wife and younger children by bonds of annuity and provision over an entailed estate

Ratio Decidendi

In circumstances where the heir of entail was mentally incapacitated at the time of succession and could not provide for his wife and younger children, and where the proximate heirs consent, the Court may grant the curator bonis power to make such provision, as this aligns with the natural duty and legislative intent.

Court Disposition

Application granted

Orders

  • Remit to Lord Ordinary to grant the first head of the prayer of the note (power to grant bonds of annuity and provision in favour of wife and younger children)