Hamilton's Tutors, Petitioners [1924] ScotLR 277 (02 February 1924)

Hamilton's Tutors, Petitioners [1924] ScotLR 277 (02 February 1924)

The Court held that the unique and compelling circumstances—namely, the destitution and infancy of the next heir, the ample resources of the ward's estate, the prior recognition of a natural duty by the ward's father and grandmother, and the urgency created by the war—justified granting ex post facto sanction for the payments made by the tutors. The general rule against such payments was not absolute and could be relaxed in exceptional cases such as this.

Citation
[1924] ScotLR 277
Parties
Petitioners: Robert Robertson Shersby Harvie Brownlee and others (Hamilton's Tutors); Ward: Miss Elspeth Mary Campbell Hamilton; Beneficiary (cousin/next Heir): James Leslie Campbell Henderson Hamilton
Jurisdiction
Scotland
Judgment Date
02 February 1924
Procedural Posture
Petition (note for Sanction) / Inner House, Second Division, Court of Session – Decision on Reported Note
Outcome
First crave of the note granted; ex post facto sanction for payments made for maintenance of the ward's cousin allowed.
Legal Topics
Nobile Officium, Tutor Nominate, Ex Post Facto Sanction, Alimentary Payments From Ward's Estate, Maintenance of Destitute Relatives
Trusts and Estates Family Law Scots Law Nobile Officium Tutor Nominate Ex Post Facto Sanction Alimentary Payments From Ward's Estate Maintenance of Destitute Relatives

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Parties

Robert Robertson Shersby Harvie Brownlee and others (Hamilton's Tutors)

Petitioners

Miss Elspeth Mary Campbell Hamilton

Ward

James Leslie Campbell Henderson Hamilton

Beneficiary (cousin/next Heir)

Procedural Posture

Petition (note for Sanction) / Inner House, Second Division, Court of Session – Decision on Reported Note

Legal Issues

  1. 1 Whether the Court can sanction ex post facto payments from a ward's estate for the maintenance of a destitute cousin/next heir where there is no legal obligation of aliment.
  2. 2 Whether exceptional circumstances justify a departure from the general rule against such payments.

Ratio Decidendi

The Court held that the unique and compelling circumstances—namely, the destitution and infancy of the next heir, the ample resources of the ward's estate, the prior recognition of a natural duty by the ward's father and grandmother, and the urgency created by the war—justified granting ex post facto sanction for the payments made by the tutors. The general rule against such payments was not absolute and could be relaxed in exceptional cases such as this.

Court Disposition

First crave of the note granted; ex post facto sanction for payments made for maintenance of the ward's cousin allowed.

Orders

  • Direct the Lord Ordinary to grant the crave in branch (1) of the prayer of the note.