Scott's Trustees v. Scott [1902] ScotLR 40_133 (25 October 1902)

Scott's Trustees v. Scott [1902] ScotLR 40_133 (25 October 1902)

The document signed by John Scott, on its just construction, constitutes a discharge of his claim to legitim. However, since John Scott denies the document was operative and binding, he is entitled to lead proof of his averments regarding the circumstances and consideration under which the document was granted.

Citation
[1902] ScotLR 40_133
Parties
Pursuers and Real Raisers: Scott's Trustees; Claimant: John Scott; Claimants: Children of James Scott other than John Scott
Jurisdiction
Scotland
Judgment Date
25 October 1902
Procedural Posture
Multiplepoinding (succession Dispute) / Interlocutor on Construction of Discharge and Allowance of Proof
Outcome
Interlocutor pronounced: document constitutes a discharge of legitim, but proof allowed on claimant's averments regarding its operation and consideration.
Legal Topics
Legitim, Discharge of Legitim, Renunciation of Inheritance Rights, Admissibility of Parole Evidence
Succession Trusts and Estates Legitim Discharge of Legitim Renunciation of Inheritance Rights Admissibility of Parole Evidence

Case Brief

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Parties

Scott's Trustees

Pursuers and Real Raisers

John Scott

Claimant

Children of James Scott other than John Scott

Claimants

Procedural Posture

Multiplepoinding (succession Dispute) / Interlocutor on Construction of Discharge and Allowance of Proof

Legal Issues

  1. 1 Whether the document signed by John Scott constituted a discharge of his right to legitim
  2. 2 Whether John Scott is entitled to lead parole proof regarding the circumstances of the discharge and its consideration

Ratio Decidendi

The document signed by John Scott, on its just construction, constitutes a discharge of his claim to legitim. However, since John Scott denies the document was operative and binding, he is entitled to lead proof of his averments regarding the circumstances and consideration under which the document was granted.

Court Disposition

Interlocutor pronounced: document constitutes a discharge of legitim, but proof allowed on claimant's averments regarding its operation and consideration.

Orders

  • Finds that the document constitutes a discharge of John Scott's claim to legitim.
  • Allows John Scott a proof of his averments in statement 3 of his claim.