Johnstone's Trustees v. Johnstone's Trustees [1907] ScotLR 1 (15 October 1907)

Johnstone's Trustees v. Johnstone's Trustees [1907] ScotLR 1 (15 October 1907)

The mutual settlement executed by Mr and Mrs Johnstone in 1879 was contractual in nature and could not be revoked by the survivor alone; thus, Mrs Johnstone's subsequent settlement did not validly revoke the mutual settlement.

Citation
[1907] ScotLR 1
Parties
First Parties: John Prentice and others, trustees under the mutual settlement of 1879; Second Parties: James Mackenzie and others, trustees of Mrs Johnstone
Jurisdiction
Scotland
Judgment Date
15 October 1907
Procedural Posture
Special Case Stated / Judgment on Stated Case
Outcome
The third question of law (whether the mutual settlement was validly revoked) is answered in the negative; it was not validly revoked. The first and second questions were found unnecessary to answer.
Legal Topics
Mutual Settlement, Revocability of Wills, Contractual Wills, Succession Between Spouses, Children's Inheritance Rights
Succession Trusts and Estates Family Law Mutual Settlement Revocability of Wills Contractual Wills Succession Between Spouses Children's Inheritance Rights

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Parties

John Prentice and others, trustees under the mutual settlement of 1879

First Parties

James Mackenzie and others, trustees of Mrs Johnstone

Second Parties

Procedural Posture

Special Case Stated / Judgment on Stated Case

Legal Issues

  1. 1 Whether the mutual disposition, assignation, and settlement of 17 April 1879 was validly revoked by Mrs Johnstone's subsequent settlement
  2. 2 Whether the mutual settlement was contractual or testamentary and thus revocable by the survivor

Ratio Decidendi

The mutual settlement executed by Mr and Mrs Johnstone in 1879 was contractual in nature and could not be revoked by the survivor alone; thus, Mrs Johnstone's subsequent settlement did not validly revoke the mutual settlement.

Court Disposition

The third question of law (whether the mutual settlement was validly revoked) is answered in the negative; it was not validly revoked. The first and second questions were found unnecessary to answer.

Orders

  • Answer the third question of law as amended in the negative.
  • Find it unnecessary to answer the first and second questions.