Crumpton's Judicial Factor v. Finch-Noyes [1918] ScotLR 402 (13 March 1918)

Crumpton's Judicial Factor v. Finch-Noyes [1918] ScotLR 402 (13 March 1918)

William Thomas Crumpton acquired a Scottish domicile derivatively from his mother when she returned to Scotland as a widow in 1870, and there is insufficient evidence that he ever abandoned this domicile or reacquired his Barbadoes domicile. His subsequent residence and actions did not amount to acquisition of a new domicile of choice elsewhere. Accordingly, at the time of his death, his domicile was in Scotland.

Citation
[1918] ScotLR 402
Parties
Pursuer and Real Raiser: Thomas Bennet Clark, C. A., judicial factor on the estate of the late W. T. Crumpton; Defender and Claimant: John Arthur Douglas Finch-Noyes; Defender and Claimant: Mrs Gwladys Dorothy Mabel Finch-Noyes or Moore; Claimant: Mrs Isabel Christy or Mahon; Claimant: Wilhelmina Christy; Claimant: Charlotte Augusta Crone
Jurisdiction
Scotland
Judgment Date
13 March 1918
Procedural Posture
Action of Multiplepoinding and Exoneration / Inner House, First Division, Reclaiming Motion Against Lord Ordinary's Interlocutor
Outcome
Lord Ordinary's interlocutor affirmed; Crumpton died domiciled in Scotland.
Legal Topics
Domicile, Succession to Moveable Estate, Domicile of Minor, Derivative Domicile, Domicile of Choice
Private International Law Succession Domicile Succession to Moveable Estate Domicile of Minor Derivative Domicile Domicile of Choice

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Parties

Thomas Bennet Clark, C. A., judicial factor on the estate of the late W. T. Crumpton

Pursuer and Real Raiser

John Arthur Douglas Finch-Noyes

Defender and Claimant

Mrs Gwladys Dorothy Mabel Finch-Noyes or Moore

Defender and Claimant

Mrs Isabel Christy or Mahon

Claimant

Wilhelmina Christy

Claimant

Charlotte Augusta Crone

Claimant

Procedural Posture

Action of Multiplepoinding and Exoneration / Inner House, First Division, Reclaiming Motion Against Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether William Thomas Crumpton died domiciled in Scotland or Barbadoes
  2. 2 Whether a minor acquires a derivative domicile from a widowed mother upon her change of domicile
  3. 3 Whether Crumpton ever lost his Scottish domicile and reacquired his Barbadoes domicile

Ratio Decidendi

William Thomas Crumpton acquired a Scottish domicile derivatively from his mother when she returned to Scotland as a widow in 1870, and there is insufficient evidence that he ever abandoned this domicile or reacquired his Barbadoes domicile. His subsequent residence and actions did not amount to acquisition of a new domicile of choice elsewhere. Accordingly, at the time of his death, his domicile was in Scotland.

Court Disposition

Lord Ordinary's interlocutor affirmed; Crumpton died domiciled in Scotland.

Orders

  • Finds that the domicile of the deceased William Thomas Crumpton at the time of his death was in Scotland.
  • Ranks and prefers Mrs Isabel Christy or Mahon and Wilhelmina Christy each to one-sixth of the whole fund in medio.