Pirie and Others v. Pirie [1921] ScotLR 538 (25 June 1921)

Pirie and Others v. Pirie [1921] ScotLR 538 (25 June 1921)

The assignation to the first wife was a postnuptial provision contingent on her survivance, not an onerous transaction vesting absolute right; as she predeceased the husband, her representatives had no claim. The second wife, as assignee under the subsequent assignation, was entitled to the proceeds of the policy.

Citation
[1921] ScotLR 538
Parties
First Parties (representatives of the First Wife and Next of Kin of George Pirie): Miss Sarah Pirie and others; Second Party (second Wife of Alexander Pirie): Mrs Mary Flett or Stuart or Pirie
Jurisdiction
Scotland
Judgment Date
25 June 1921
Procedural Posture
Special Case (court of Session, Inner House, First Division) / Judgment on Questions of Entitlement to Insurance Policy Proceeds
Outcome
First question of law answered in the negative; second question answered in the affirmative. The second wife is entitled to the proceeds of the policy.
Legal Topics
Husband and Wife, Postnuptial Provision, Assignation of Life Policy, Onerous Transaction, Intestate Succession
Family Law Succession Law Contract Law Husband and Wife Postnuptial Provision Assignation of Life Policy Onerous Transaction Intestate Succession

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Parties

Miss Sarah Pirie and others

First Parties (representatives of the First Wife and Next of Kin of George Pirie)

Mrs Mary Flett or Stuart or Pirie

Second Party (second Wife of Alexander Pirie)

Procedural Posture

Special Case (court of Session, Inner House, First Division) / Judgment on Questions of Entitlement to Insurance Policy Proceeds

Legal Issues

  1. 1 Whether the assignation of the life policy to the first wife vested absolute right in her and her heirs, or was merely a postnuptial provision contingent on her survivance
  2. 2 Whether the second wife was entitled to the proceeds of the policy under the subsequent assignation

Ratio Decidendi

The assignation to the first wife was a postnuptial provision contingent on her survivance, not an onerous transaction vesting absolute right; as she predeceased the husband, her representatives had no claim. The second wife, as assignee under the subsequent assignation, was entitled to the proceeds of the policy.

Court Disposition

First question of law answered in the negative; second question answered in the affirmative. The second wife is entitled to the proceeds of the policy.

Orders

  • The proceeds of the policy (£686, 6s.) to be paid to Mrs Mary Flett or Stuart or Pirie, the second wife.