Cameron's Trustees v. Cameron and Others [1917] ScotLR 355 (07 March 1917)

Cameron's Trustees v. Cameron and Others [1917] ScotLR 355 (07 March 1917)

Jus relictæ is a claim of debt, not a right of property; the widow is not entitled to a specific transfer of shares but only to the value of her share as at the date of death. The principle in Tait's Trustees v. Lees applies.

Citation
[1917] ScotLR 355
Parties
First Parties (trustees): Rev. Æneas Geddes and others (Cameron's Trustees); Second Party (widow): Mrs. Cameron (widow); Third Parties (daughters): Cameron's daughters; Fourth Parties (legatees): Two other legatees
Jurisdiction
Scotland
Judgment Date
07 March 1917
Procedural Posture
Special Case (court of Session, Inner House, Extra Division) / Judgment on Legal Entitlement to Specific Asset in Satisfaction of Jus Relictæ
Outcome
Widow not entitled to specific transfer of shares; only to value as at date of death.
Legal Topics
Jus Relictæ, Specific Legacy, Abatement of Legacies, Widow's Rights, Moveable Estate
Succession Family Law Jus Relictæ Specific Legacy Abatement of Legacies Widow's Rights Moveable Estate

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Parties

Rev. Æneas Geddes and others (Cameron's Trustees)

First Parties (trustees)

Mrs. Cameron (widow)

Second Party (widow)

Cameron's daughters

Third Parties (daughters)

Two other legatees

Fourth Parties (legatees)

Procedural Posture

Special Case (court of Session, Inner House, Extra Division) / Judgment on Legal Entitlement to Specific Asset in Satisfaction of Jus Relictæ

Legal Issues

  1. 1 Whether a widow electing jus relictæ is entitled to a transfer of a specific one-third share of certain shares forming part of the deceased's estate, or only to the value thereof as at the date of death.

Ratio Decidendi

Jus relictæ is a claim of debt, not a right of property; the widow is not entitled to a specific transfer of shares but only to the value of her share as at the date of death. The principle in Tait's Trustees v. Lees applies.

Court Disposition

Widow not entitled to specific transfer of shares; only to value as at date of death.

Orders

  • Branch (a) of the legal question answered in the negative: widow not entitled to transfer of one-third of shares in satisfaction of jus relictæ.
  • Branch (b) answered in the affirmative: only the value of the shares at date of death is to be brought into computation for jus relictæ.