Elder's Trustees Petitioners [1903] ScotLR 40_347 (05 February 1903)

Elder's Trustees Petitioners [1903] ScotLR 40_347 (05 February 1903)

It is competent for representatives of a deceased trustee in sequestration to obtain discharge by following section 152 of the Bankruptcy Act 1856, but if they proceed by petition to the Inner House instead of the ordinary procedure, expenses will be allowed only to the extent of £5 5s., the usual cost of discharge.

Citation
[1903] ScotLR 40_347
Parties
Petitioners: Elder's Trustees
Jurisdiction
Scotland
Judgment Date
05 February 1903
Procedural Posture
Petition for Exoneration and Discharge of Trustee's Representatives / Final Judgment by Inner House, First Division
Outcome
Petition granted with modification of expenses
Legal Topics
Discharge of Trustee, Death of Trustee, Expenses of Petition, Bankruptcy Act 1856 Section 152, Procedure for Trustee's Representatives
Bankruptcy Trusts and Estates Civil Procedure Discharge of Trustee Death of Trustee Expenses of Petition Bankruptcy Act 1856 Section 152 Procedure for Trustee's Representatives

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Parties

Elder's Trustees

Petitioners

Procedural Posture

Petition for Exoneration and Discharge of Trustee's Representatives / Final Judgment by Inner House, First Division

Legal Issues

  1. 1 Whether representatives of a deceased trustee in sequestration may obtain discharge under section 152 of the Bankruptcy Act 1856
  2. 2 Whether expenses of petition to Inner House for discharge should be paid out of the sequestrated estate and to what extent

Ratio Decidendi

It is competent for representatives of a deceased trustee in sequestration to obtain discharge by following section 152 of the Bankruptcy Act 1856, but if they proceed by petition to the Inner House instead of the ordinary procedure, expenses will be allowed only to the extent of £5 5s., the usual cost of discharge.

Court Disposition

Petition granted with modification of expenses

Orders

  • Petitioners exonerated and discharged as trustees and representatives of John Elder of all intromissions as trustee
  • Warrant granted for delivery of bond of caution to petitioners