Stark's Executor v. Stark and Others [1910] ScotLR 398 (08 March 1910)

Stark's Executor v. Stark and Others [1910] ScotLR 398 (08 March 1910)

Both the promissory-note for £100 and the receipt for £600 are moveable property in a question with the widow, as neither document contains a stipulation for periodic payment of interest separate from the principal, and both principal and interest are repayable together. The presence of a clause for interest does not suffice to make the debts heritable under the Act 1661, cap. 32 or at common law.

Citation
[1910] ScotLR 398
Parties
First Party: Robert Stark, Executor-dative of Daniel Stark; Second Party: Mrs Mary Kerr or Stark, widow of Daniel Stark; Third Party: Mrs Isabella Stark or Stark and other beneficiaries under the will of Daniel Stark
Jurisdiction
Scotland
Judgment Date
08 March 1910
Procedural Posture
Special Case (succession) / Judgment on Questions of Law
Outcome
Both debts are moveable and subject to the jus relictæ of the widow.
Legal Topics
Heritable and Moveable Property, Jus Relictæ, Promissory Note, Receipt as Security, Act 1661 Cap. 32
Succession Property Law Heritable and Moveable Property Jus Relictæ Promissory Note Receipt as Security Act 1661 Cap. 32

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Parties

Robert Stark, Executor-dative of Daniel Stark

First Party

Mrs Mary Kerr or Stark, widow of Daniel Stark

Second Party

Mrs Isabella Stark or Stark and other beneficiaries under the will of Daniel Stark

Third Party

Procedural Posture

Special Case (succession) / Judgment on Questions of Law

Legal Issues

  1. 1 Whether a promissory-note for £100 and a receipt for £600 are heritable or moveable quoad jus relictæ in the estate of Daniel Stark.

Ratio Decidendi

Both the promissory-note for £100 and the receipt for £600 are moveable property in a question with the widow, as neither document contains a stipulation for periodic payment of interest separate from the principal, and both principal and interest are repayable together. The presence of a clause for interest does not suffice to make the debts heritable under the Act 1661, cap. 32 or at common law.

Court Disposition

Both debts are moveable and subject to the jus relictæ of the widow.

Orders

  • Declare that the two debts of £100 and £600 are moveable and subject to the jus relictæ of the second party (widow).