Heath v. Grant and Others [1912] ScotLR 38 (22 October 1912)

Heath v. Grant and Others [1912] ScotLR 38 (22 October 1912)

The bonds in question are heritable as regards the widow's claim for jus relictæ and are excluded from the computation of the jus relictæ fund. The assignation of part of the bond to the bank in security did not render that portion moveable for succession purposes. Debts secured on the bond are to be charged against the bond itself, not the general moveable estate, and general debts are to be borne by the jus relictæ fund, not apportioned across the estate.

Citation
[1912] ScotLR 38
Parties
Pursuer: Mrs Mary T. G. Thom or Grant or Heath; Defenders: Mrs Jane E. Beattie or Grant and others (trustees under the trust-disposition and settlement of William Grant)
Jurisdiction
Scotland
Judgment Date
22 October 1912
Procedural Posture
Succession Dispute / Appeal (reclaiming Note) in the Inner House, Court of Session
Outcome
Appeal dismissed; interlocutor of Lord Ordinary adhered to.
Legal Topics
Jus Relictæ, Heritable and Moveable Property, Assignation in Security, Widow's Legal Rights, Apportionment of Debts in Succession
Succession Family Law Property Law Jus Relictæ Heritable and Moveable Property Assignation in Security Widow's Legal Rights Apportionment of Debts in Succession

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Parties

Mrs Mary T. G. Thom or Grant or Heath

Pursuer

Mrs Jane E. Beattie or Grant and others (trustees under the trust-disposition and settlement of William Grant)

Defenders

Procedural Posture

Succession Dispute / Appeal (reclaiming Note) in the Inner House, Court of Session

Legal Issues

  1. 1 Whether bonds for £1000 and £4000 are heritable or moveable for purposes of jus relictæ
  2. 2 Whether assignation of part of the £4000 bond to a bank in security alters its character for succession purposes
  3. 3 Whether debts secured on the bond should be charged against the bond or the general moveable estate

Ratio Decidendi

The bonds in question are heritable as regards the widow's claim for jus relictæ and are excluded from the computation of the jus relictæ fund. The assignation of part of the bond to the bank in security did not render that portion moveable for succession purposes. Debts secured on the bond are to be charged against the bond itself, not the general moveable estate, and general debts are to be borne by the jus relictæ fund, not apportioned across the estate.

Court Disposition

Appeal dismissed; interlocutor of Lord Ordinary adhered to.

Orders

  • Bonds for £4000 and £1000 excluded from jus relictæ fund as heritable quoad widow's rights.
  • Pursuer not entitled to claim jus relictæ out of the £2500 portion of the £4000 bond assigned in security to the bank.