Robertson's Trustees v. Maxwell [1922] ScotLR 218 (22 February 1922)

The statutory provisions governing the Clyde Navigation bond and the railway debenture stocks expressly declare them to be moveable or personal estate, and transmissible as such, thereby subjecting them to jus relicti. These statutory declarations override the general rule in the Act of 1661, c. 32, and the securities must be included in the computation of jus relicti.

Citation: [1922] ScotLR 218
Parties: First Parties: Samuel Maxwell and others, Trustees under the trust-disposition and settlement of Mrs Janet Drysdale or Robertson; Second Parties: Captain Robert Maxwell and others, residuary legatees under the testator's trust-disposition and settlement; Third Party: Robert Robertson Forrester, trustee and executor under the general disposition and settlement of James Robertson
Jurisdiction: Scotland
Judgment Date: 22 February 1922
Procedural Posture: Special Case (court of Session, Inner House, Second Division) / Judgment on Question of Law
Outcome: Question of law answered in the affirmative; the securities in question are moveable and fall to be taken into account in the computation of jus relicti.
Legal Topics: Jus Relicti, Heritable and Moveable Property, Statutory Interpretation, Trusts and Estates

Succession Law Family Law Jus Relicti Heritable and Moveable Property Statutory Interpretation Trusts and Estates

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Parties

Samuel Maxwell and others, Trustees under the trust-disposition and settlement of Mrs Janet Drysdale or Robertson

First Parties

Captain Robert Maxwell and others, residuary legatees under the testator's trust-disposition and settlement

Second Parties

Robert Robertson Forrester, trustee and executor under the general disposition and settlement of James Robertson

Third Party

Procedural Posture

Special Case (court of Session, Inner House, Second Division) / Judgment on Question of Law

Legal Issues

1 Whether certain bonds and debenture stocks are heritable or moveable for the purposes of jus relicti under Scottish law.

Ratio Decidendi

Court Disposition

Question of law answered in the affirmative; the securities in question are moveable and fall to be taken into account in the computation of jus relicti.

Orders

The Clyde Navigation bond and the two railway debenture stocks are to be included in the computation of jus relicti payable to the third party as representing the deceased James Robertson.