Boyd's Trustees v. Boyd [1905] ScotLR 42_435 (14 March 1905)

Boyd's Trustees v. Boyd [1905] ScotLR 42_435 (14 March 1905)

Estate inherited by Mrs Boyd after the dissolution of marriage did not fall under the assignation of acquirenda clause in her marriage contract; a proportionate share of the estate brought into the marriage-contract by Adam Boyd Boyd vested in his son Robert Boyd on survival of the dissolution of the marriage.

Citation
[1905] ScotLR 42_435
Parties
First Parties (marriage Contract Trustees): Boyd's Trustees; Second Party (wife): Elizabeth Curry Hogue or Boyd Boyd; Third Party: Robert Boyd's Executor; Fourth Party: Mr and Mrs Hutchinson's Marriage-Contract Trustees
Jurisdiction
Scotland
Judgment Date
14 March 1905
Procedural Posture
Special Case (court of Session, Inner House, Second Division) / Judgment on Questions of Law Arising From Marriage Contract
Outcome
Second alternative of first question (estate inherited after dissolution does not fall under assignation) answered in the affirmative; fourth question (vesting of son's share) answered in the affirmative; other questions found unnecessary to answer.
Legal Topics
Marriage Contract, Construction of Deeds, Assignation of Acquirenda, Vesting of Estate, Succession
Family Law Trusts and Estates Marriage Contract Construction of Deeds Assignation of Acquirenda Vesting of Estate Succession

Case Brief

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Parties

Boyd's Trustees

First Parties (marriage Contract Trustees)

Elizabeth Curry Hogue or Boyd Boyd

Second Party (wife)

Robert Boyd's Executor

Third Party

Mr and Mrs Hutchinson's Marriage-Contract Trustees

Fourth Party

Procedural Posture

Special Case (court of Session, Inner House, Second Division) / Judgment on Questions of Law Arising From Marriage Contract

Legal Issues

  1. 1 Whether estate inherited by Mrs Boyd after dissolution of marriage fell under the assignation of acquirenda clause in her marriage contract
  2. 2 Whether one-half of the estate brought into the marriage-contract by Adam Boyd Boyd vested in his son Robert Boyd on survival of the dissolution of the marriage

Ratio Decidendi

Estate inherited by Mrs Boyd after the dissolution of marriage did not fall under the assignation of acquirenda clause in her marriage contract; a proportionate share of the estate brought into the marriage-contract by Adam Boyd Boyd vested in his son Robert Boyd on survival of the dissolution of the marriage.

Court Disposition

Second alternative of first question (estate inherited after dissolution does not fall under assignation) answered in the affirmative; fourth question (vesting of son's share) answered in the affirmative; other questions found unnecessary to answer.

Orders

  • Estate inherited by Mrs Boyd after dissolution of marriage is her absolute property and does not fall under marriage-contract assignation.
  • One-half of the fee of the estate brought into the marriage-contract by Adam Boyd Boyd vested in his son Robert Boyd on survival of the dissolution of the marriage.