Youngs v. Gray and Others (Young's Trustees) [1909] ScotLR 296 (23 December 1909)

Youngs v. Gray and Others (Young's Trustees) [1909] ScotLR 296 (23 December 1909)

Advances made by a father to a child during his lifetime, expressly acknowledged as payments on account of legitim and discharged to that extent, must be brought into account against the child's claim for legitim in a question with the trustees. The trustees are entitled to set off such advances against the child's share of legitim. The right of collation inter liberos is only relevant among children claiming legitim, but does not prevent the trustees from deducting advances when accounting to an individual child for legitim. The Lord Ordinary's interlocutor granting the declarator sought by the pursuer was recalled, and the pursuer was not entitled to the declarator.

Parties
Pursuer: Robert Young; Pursuer: Mrs Georgina Young or Stoddart; Defender: Mrs Mary Young or Gray and others (Young's Trustees); Defender: Mrs Gertrude Luck or Young and Madge Robertson Young; Defender: Mrs Jane Young or Allison, James Allison, and their marriage-contract trustees; Defender: Mrs Mary Young or Gray (as an individual)
Jurisdiction
Scotland
Judgment Date
23 December 1909
Procedural Posture
Civil Succession/trusts / Appeal (reclaiming Motion) From Lord Ordinary
Outcome
Appeal allowed; interlocutor of Lord Ordinary recalled; declarator refused; absolvitor for defenders on the declaratory conclusions.
Legal Topics
Legitim (children's Share), Collation Inter Liberos, Advances on Account of Legitim, Interpretation of Discharge of Legitim, Trustee Powers and Duties
Succession Law Trusts and Estates Family Law Legitim (children's Share) Collation Inter Liberos Advances on Account of Legitim Interpretation of Discharge of Legitim Trustee Powers and Duties

Case Brief

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Parties

Robert Young

Pursuer

Mrs Georgina Young or Stoddart

Pursuer

Mrs Mary Young or Gray and others (Young's Trustees)

Defender

Mrs Gertrude Luck or Young and Madge Robertson Young

Defender

Mrs Jane Young or Allison, James Allison, and their marriage-contract trustees

Defender

Mrs Mary Young or Gray (as an individual)

Defender

Procedural Posture

Civil Succession/trusts / Appeal (reclaiming Motion) From Lord Ordinary

Legal Issues

  1. 1 Whether advances made by a father to a child during his lifetime, acknowledged as payments on account of legitim, must be brought into account (collated) against the child's claim for legitim in a question with the father's trustees, or only in a question with other children claiming legitim.
  2. 2 Whether the trustees are entitled to set off such advances against the child's claim for legitim.

Ratio Decidendi

Advances made by a father to a child during his lifetime, expressly acknowledged as payments on account of legitim and discharged to that extent, must be brought into account against the child's claim for legitim in a question with the trustees. The trustees are entitled to set off such advances against the child's share of legitim. The right of collation inter liberos is only relevant among children claiming legitim, but does not prevent the trustees from deducting advances when accounting to an individual child for legitim. The Lord Ordinary's interlocutor granting the declarator sought by the pursuer was recalled, and the pursuer was not entitled to the declarator.

Court Disposition

Appeal allowed; interlocutor of Lord Ordinary recalled; declarator refused; absolvitor for defenders on the declaratory conclusions.

Orders

  • Interlocutor of Lord Ordinary recalled
  • Declaratory conclusions of the summons refused