Graham v. Graham's Trustees [1901] ScotLR 39_3 (15 October 1901)

Graham v. Graham's Trustees [1901] ScotLR 39_3 (15 October 1901)

The court held that it was unreasonable to require the pursuer, absent involuntarily on public service, to sist a mandatary, especially where the trustees' own statement admitted a legitim fund to which the pursuer was entitled.

Citation
[1901] ScotLR 39_3
Parties
Pursuer and Appellant: Peter Macpherson Graham; Defenders and Respondents: Alexander Lang and others, trustees under the trust-disposition and settlement of Alexander Graham
Jurisdiction
Scotland
Judgment Date
15 October 1901
Procedural Posture
Appeal From Sheriff Court / Motion to Sist Mandatary in Court of Session Inner House First Division
Outcome
Motion to sist mandatary refused
Legal Topics
Legitim Fund, Mandatary, Absence on Public Service, Heritable Vs Moveable Property
Trusts and Estates Civil Procedure Legitim Fund Mandatary Absence on Public Service Heritable Vs Moveable Property

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Peter Macpherson Graham

Pursuer and Appellant

Alexander Lang and others, trustees under the trust-disposition and settlement of Alexander Graham

Defenders and Respondents

Procedural Posture

Appeal From Sheriff Court / Motion to Sist Mandatary in Court of Session Inner House First Division

Legal Issues

  1. 1 Whether pursuer absent on military service abroad should be compelled to sist a mandatary
  2. 2 Whether there is a legitim fund available for the pursuer
  3. 3 Whether goodwill of licensed premises is heritable or moveable property

Ratio Decidendi

The court held that it was unreasonable to require the pursuer, absent involuntarily on public service, to sist a mandatary, especially where the trustees' own statement admitted a legitim fund to which the pursuer was entitled.

Court Disposition

Motion to sist mandatary refused

Orders

  • Case sent to the roll for further procedure