Wingate v. Wingate's Trustees [1921] ScotLR 604 (09 July 1921)

Wingate v. Wingate's Trustees [1921] ScotLR 604 (09 July 1921)

The Court held that the satisfaction clause applied to all provisions in favour of the son, including those in the codicil. The income of the residue set free by the son's election to claim legitim, after equitable compensation was made, did not fall into residue but became intestate estate of the deceased, and thus fell to the son as heir in mobilibus.

Citation
[1921] ScotLR 604
Parties
Pursuer: Ashmore Kyle Paterson Wingate; Defenders: Wilson Rowan Meikle and others (Wingate's Trustees)
Jurisdiction
Scotland
Judgment Date
09 July 1921
Procedural Posture
Succession Dispute / Appeal/reclaiming Motion
Outcome
Interlocutor of Lord Ordinary recalled; decree granted in terms of declaratory conclusion; cause remitted for further procedure.
Legal Topics
Election, Equitable Compensation, Legitim, Intestacy, Testamentary Interpretation
Succession Trusts and Estates Election Equitable Compensation Legitim Intestacy Testamentary Interpretation

Case Brief

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Parties

Ashmore Kyle Paterson Wingate

Pursuer

Wilson Rowan Meikle and others (Wingate's Trustees)

Defenders

Procedural Posture

Succession Dispute / Appeal/reclaiming Motion

Legal Issues

  1. 1 Whether the income of the residue of the estate, set free by the son's election to claim legitim, falls into residue or intestacy
  2. 2 Whether the satisfaction clause applies to all provisions in favour of the son, including those in the codicil
  3. 3 Proper construction of the settlement's purposes regarding residue

Ratio Decidendi

The Court held that the satisfaction clause applied to all provisions in favour of the son, including those in the codicil. The income of the residue set free by the son's election to claim legitim, after equitable compensation was made, did not fall into residue but became intestate estate of the deceased, and thus fell to the son as heir in mobilibus.

Court Disposition

Interlocutor of Lord Ordinary recalled; decree granted in terms of declaratory conclusion; cause remitted for further procedure.

Orders

  • Declaratory decree granted that the income falls to the pursuer as intestate estate after compensation for legitim.
  • Case remitted to Lord Ordinary for accounting and further procedure.