Ramsay (Crichton-Stuart's Tutrix) Petitioner [1921] ScotLR 563 (06 July 1921)

Ramsay (Crichton-Stuart's Tutrix) Petitioner [1921] ScotLR 563 (06 July 1921)

The statutory right to apply for declarator of fee-simple under section 48 of the Entail Amendment Act 1848 is expressly limited to persons of full age; the Court's nobile officium cannot be used to extend this right to minors or their tutors, as this would contravene the statutory condition and exceed the Court's jurisdiction.

Citation
[1921] ScotLR 563
Parties
Petitioner: Ramsay (Crichton-Stuart's Tutrix); Pupil Beneficiary: Michael Duncan David Crichton-Stuart
Jurisdiction
Scotland
Judgment Date
06 July 1921
Procedural Posture
Petition for Declarator / Final Judgment by Inner House, Court of Session (second Division, Seven Judges)
Outcome
Petition refused
Legal Topics
Liferent, Fee Simple, Entail Amendment Act 1848, Nobile Officium, Statutory Interpretation, Tutrix Application
Property Law Trusts and Estates Scottish Civil Procedure Liferent Fee Simple Entail Amendment Act 1848 Nobile Officium Statutory Interpretation +1 more

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Parties

Ramsay (Crichton-Stuart's Tutrix)

Petitioner

Michael Duncan David Crichton-Stuart

Pupil Beneficiary

Procedural Posture

Petition for Declarator / Final Judgment by Inner House, Court of Session (second Division, Seven Judges)

Legal Issues

  1. 1 Whether a tutrix can apply under section 48 of the Entail Amendment Act 1848 for declarator that a pupil beneficiary is fee-simple proprietor of an estate limited to liferent by a post-1848 deed
  2. 2 Whether the nobile officium of the Court can be invoked to extend statutory rights to minors where statute confers them only on persons of full age

Ratio Decidendi

The statutory right to apply for declarator of fee-simple under section 48 of the Entail Amendment Act 1848 is expressly limited to persons of full age; the Court's nobile officium cannot be used to extend this right to minors or their tutors, as this would contravene the statutory condition and exceed the Court's jurisdiction.

Court Disposition

Petition refused

Orders

  • Petition for declarator that pupil beneficiary is fee-simple proprietor refused.