Gray's Trustees v. Grays [1906] ScotLR 44_39 (07 November 1906)

Gray's Trustees v. Grays [1906] ScotLR 44_39 (07 November 1906)

In the absence of an express forfeiture clause, a widow who elects to claim her legal rights and receives advances on that basis, but subsequently restores the sums to the trust estate, is entitled to revert to and receive the testamentary provisions in her favour. The principle of equitable compensation, not forfeiture, governs such cases.

Citation
[1906] ScotLR 44_39
Parties
First Parties (trustees): Gray's Trustees; Second Party (widow): Mrs Jessie Ross or Gray (widow); Third Parties (children): James Gray, John Gray, Annie Russell Gray, Peter Drummond Gray, Margaret Gray (children)
Jurisdiction
Scotland
Judgment Date
07 November 1906
Procedural Posture
Special Case (succession/trust) / Inner House, Second Division, Court of Session (final Judgment)
Outcome
Question answered in the affirmative; widow entitled to revert to testamentary provisions.
Legal Topics
Election Between Legal and Testamentary Rights, Jus Relictæ, Equitable Compensation, Forfeiture Clauses, Approbate and Reprobate
Succession Trusts and Estates Family Law Election Between Legal and Testamentary Rights Jus Relictæ Equitable Compensation Forfeiture Clauses Approbate and Reprobate

Case Brief

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Parties

Gray's Trustees

First Parties (trustees)

Mrs Jessie Ross or Gray (widow)

Second Party (widow)

James Gray, John Gray, Annie Russell Gray, Peter Drummond Gray, Margaret Gray (children)

Third Parties (children)

Procedural Posture

Special Case (succession/trust) / Inner House, Second Division, Court of Session (final Judgment)

Legal Issues

  1. 1 Whether a widow who elected to claim her legal rights (jus relictæ) and received advances on that basis, but subsequently restored the sums to the trust estate, is entitled to revert to and receive the testamentary provisions in her favour under the deceased's settlement.

Ratio Decidendi

In the absence of an express forfeiture clause, a widow who elects to claim her legal rights and receives advances on that basis, but subsequently restores the sums to the trust estate, is entitled to revert to and receive the testamentary provisions in her favour. The principle of equitable compensation, not forfeiture, governs such cases.

Court Disposition

Question answered in the affirmative; widow entitled to revert to testamentary provisions.

Orders

  • Widow entitled to receive the provision of £40 for mourning and interim aliment.
  • Widow entitled to receive the household furniture and effects for her sole and absolute use.