Armitage's Trustees v. Armitage and Others [1904] ScotLR 41_504 (26 February 1904)

Armitage's Trustees v. Armitage and Others [1904] ScotLR 41_504 (26 February 1904)

Dr Armitage, by his long and voluntary residence in Scotland, purchase of a house, execution of Scottish-form deeds, and lack of ties to England, abandoned his English domicile of origin and acquired a Scottish domicile before his death.

Citation
[1904] ScotLR 41_504
Parties
Pursuers and Real Raisers, Claimants: Armitage's Trustees; Claimant (widow): Mrs Ellen Armitage Playne or Armitage; Claimant (on Behalf of Minor Children): Curator ad litem to Margaret and Frederick Armitage
Jurisdiction
Scotland
Judgment Date
26 February 1904
Procedural Posture
Multiplepoinding (interpleader) / Judgment on Preliminary Issue of Domicile
Outcome
Dr Armitage died domiciled in Scotland; widow entitled to jus relictæ; cause appointed for further procedure.
Legal Topics
Domicile, Abandonment of Domicile of Origin, Acquisition of New Domicile, Succession Rights of Widow and Children
Private International Law Succession Law Domicile Abandonment of Domicile of Origin Acquisition of New Domicile Succession Rights of Widow and Children

Case Brief

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Parties

Armitage's Trustees

Pursuers and Real Raisers, Claimants

Mrs Ellen Armitage Playne or Armitage

Claimant (widow)

Curator ad litem to Margaret and Frederick Armitage

Claimant (on Behalf of Minor Children)

Procedural Posture

Multiplepoinding (interpleader) / Judgment on Preliminary Issue of Domicile

Legal Issues

  1. 1 Whether Dr Walter Stanley Armitage abandoned his English domicile of origin and acquired a Scottish domicile before his death
  2. 2 Whether the widow is entitled to jus relictæ under Scots law

Ratio Decidendi

Dr Armitage, by his long and voluntary residence in Scotland, purchase of a house, execution of Scottish-form deeds, and lack of ties to England, abandoned his English domicile of origin and acquired a Scottish domicile before his death.

Court Disposition

Dr Armitage died domiciled in Scotland; widow entitled to jus relictæ; cause appointed for further procedure.

Orders

  • Finds that Dr Armitage abandoned his English domicile and acquired a Scottish domicile in 1896, retained until his death in 1902.
  • Appoints the cause to be enrolled for further procedure.