Dick-Lauder v. Leather-Cully [1919] ScotLR 104 (14 November 1919)

Dick-Lauder v. Leather-Cully [1919] ScotLR 104 (14 November 1919)

The Court held that the destination in the dispositive clause is modified by the procuratory of resignation, which must be read as part of the deed. The clause providing that 'in all cases the heirs-male shall exclude the females' applies to all cases where succession opens among heirs of the body of the same propositus, not merely among siblings. Thus, the surviving brother (heir-male) is entitled to the estate in preference to the daughters (heirs-female) of the predeceasing brother.

Citation
[1919] ScotLR 104
Parties
First Party: Sir George William Dalrymple Dick-Lauder, Baronet of Fountainhall; Second Party: Mrs Zella Evelyn Dick-Lauder or Leather-Cully; Third Parties: Mrs Norma Anne Dick-Lauder or Payne-Gallwey and Mrs Marguerita Maud Elizabeth Dick-Lauder or Bolster
Jurisdiction
Scotland
Judgment Date
14 November 1919
Procedural Posture
Special Case (entail/succession) / Inner House, First Division, Court of Session (judgment)
Outcome
First question of law answered in the affirmative; second and third questions answered in the negative. The surviving brother is entitled to succeed to the estate.
Legal Topics
Entail, Construction of Deeds, Order of Succession, Interpretation of Procuratory of Resignation, Preference of Heirs Male Over Heirs Female
Property Law Succession Law Conveyancing Entail Construction of Deeds Order of Succession Interpretation of Procuratory of Resignation Preference of Heirs Male Over Heirs Female

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 16 Party arguments 2
Sign in to unlock

Parties

Sir George William Dalrymple Dick-Lauder, Baronet of Fountainhall

First Party

Mrs Zella Evelyn Dick-Lauder or Leather-Cully

Second Party

Mrs Norma Anne Dick-Lauder or Payne-Gallwey and Mrs Marguerita Maud Elizabeth Dick-Lauder or Bolster

Third Parties

Procedural Posture

Special Case (entail/succession) / Inner House, First Division, Court of Session (judgment)

Legal Issues

  1. 1 Whether the destination in the dispositive clause of the entail is modified by the procuratory of resignation to give preference to heirs-male over heirs-female in all cases among heirs of the body of the same propositus.
  2. 2 Whether the eldest daughter or all daughters of a predeceasing brother are entitled to succeed as heirs-portioners, or whether the surviving brother is entitled to the estate.

Ratio Decidendi

The Court held that the destination in the dispositive clause is modified by the procuratory of resignation, which must be read as part of the deed. The clause providing that 'in all cases the heirs-male shall exclude the females' applies to all cases where succession opens among heirs of the body of the same propositus, not merely among siblings. Thus, the surviving brother (heir-male) is entitled to the estate in preference to the daughters (heirs-female) of the predeceasing brother.

Court Disposition

First question of law answered in the affirmative; second and third questions answered in the negative. The surviving brother is entitled to succeed to the estate.

Orders

  • The first party is entitled to succeed to the lands and estate of Grange as heir of taillie and provision under the disposition and taillie.