Adam's Executrix v. Adam [1921] ScotLR 254 (05 February 1921)

Adam's Executrix v. Adam [1921] ScotLR 254 (05 February 1921)

Surviving children of James Adam are not entitled to share in the intestate moveable estate because their predeceasing parent did not collate and was not entitled to a share by mere survivance. Daughters of Robert Adam, as sisters of the heir-in-heritage, are entitled only to the share specified in the Lord Ordinary's second finding, based on the excess in value over the heritage of such share as their predeceasing parent would have taken on collation. Statutory terms must be given their primary meaning; no liberal construction is warranted.

Citation
[1921] ScotLR 254
Parties
Pursuer and Real Raiser, Executrix Dative of Robert Adam: Mrs Anne Hardie or Adam; Claimants and Reclaimers: Mrs Agnes Adam or Maxwell and Others; Claimants: John Taggart, Mrs Langmuir, Miss Margaret M'Naught and Others; Claimant: Miss Elizabeth Adam; Claimants: Miss Grace B. S. Adam and Another
Jurisdiction
Scotland
Judgment Date
05 February 1921
Procedural Posture
Action of Multiplepoinding and Exoneration / Inner House, Second Division, Reclaiming Note Against Lord Ordinary's Findings
Outcome
Reclaiming note refused; Lord Ordinary's interlocutor adhered to; case remitted for further procedure.
Legal Topics
Intestate Moveable Succession, Collation, Representation in Mixed Estate, Statutory Interpretation
Succession Intestacy Intestate Moveable Succession Collation Representation in Mixed Estate Statutory Interpretation

Case Brief

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Parties

Mrs Anne Hardie or Adam

Pursuer and Real Raiser, Executrix Dative of Robert Adam

Mrs Agnes Adam or Maxwell and Others

Claimants and Reclaimers

John Taggart, Mrs Langmuir, Miss Margaret M'Naught and Others

Claimants

Miss Elizabeth Adam

Claimant

Miss Grace B. S. Adam and Another

Claimants

Procedural Posture

Action of Multiplepoinding and Exoneration / Inner House, Second Division, Reclaiming Note Against Lord Ordinary's Findings

Legal Issues

  1. 1 Whether surviving children of James Adam are entitled to share in intestate moveable estate under Intestate Moveable Succession (Scotland) Act 1855, section 1
  2. 2 Whether daughters of Robert Adam are entitled to share under section 2 of the Act
  3. 3 Interpretation of 'child' and 'person predeceasing' in section 2

Ratio Decidendi

Surviving children of James Adam are not entitled to share in the intestate moveable estate because their predeceasing parent did not collate and was not entitled to a share by mere survivance. Daughters of Robert Adam, as sisters of the heir-in-heritage, are entitled only to the share specified in the Lord Ordinary's second finding, based on the excess in value over the heritage of such share as their predeceasing parent would have taken on collation. Statutory terms must be given their primary meaning; no liberal construction is warranted.

Court Disposition

Reclaiming note refused; Lord Ordinary's interlocutor adhered to; case remitted for further procedure.

Orders

  • Surviving children of James Adam take no share of the intestate succession.
  • Daughters of Robert Adam have right to a share of the moveable estate equal in amount to the excess in value over the heritage of such share of the whole estate, heritable and moveable, as their predeceasing parent would have taken on collation.