Taylor's Executors v. Taylor and Others [1918] ScotLR 234 (02 February 1918)

The widow is not entitled to £500 under the Intestate Husband's Estate (Scotland) Act 1911 in cases of partial intestacy, as the Act applies only to cases of total intestacy where no will disposes of the estate.

Citation: [1918] ScotLR 234
Parties: First Parties: Hugh Taylor and another, executors of the late William Taylor; Second Parties: Hugh Taylor and others, next-of-kin and heirs in mobilibus of William Taylor; Third Party: Mrs Elizabeth Galt or Taylor, widow of William Taylor
Jurisdiction: Scotland
Judgment Date: 02 February 1918
Procedural Posture: Special Case Stated / Judgment on Point of Law
Outcome: Widow's claim under the 1911 Act rejected; question of law answered in the negative.
Legal Topics: Intestacy, Partial Intestacy, Widow's Provision, Distribution of Estate

Succession Family Law Intestacy Partial Intestacy Widow's Provision Distribution of Estate

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Parties

Hugh Taylor and another, executors of the late William Taylor

First Parties

Hugh Taylor and others, next-of-kin and heirs in mobilibus of William Taylor

Second Parties

Mrs Elizabeth Galt or Taylor, widow of William Taylor

Third Party

Procedural Posture

Special Case Stated / Judgment on Point of Law

Legal Issues

1 Whether the widow is entitled to payment of £500 out of the residue of the estate under the Intestate Husband's Estate (Scotland) Act 1911 in a case of partial intestacy.

Ratio Decidendi

Court Disposition

Widow's claim under the 1911 Act rejected; question of law answered in the negative.

Orders

The second question of law is answered in the negative.