Simpson v. Marshall [1900] ScotLR 37_314 (25 January 1900)

Simpson v. Marshall [1900] ScotLR 37_314 (25 January 1900)

Issue of the daughters born after the testator's death are entitled to share in the fee under the trust-disposition and codicil. The defenders' title, though habile for prescription, was not supported by thirty years' peaceable, exclusive, and uninterrupted possession due to the arrangement to retain disputed rents and the timely service of the summons. Prescription was not completed, and the pursuer is entitled to reduction of the titles as sought.

Citation
[1900] ScotLR 37_314
Parties
Pursuer: David Melville Simpson; Defender: Mrs Catherine Melville Simpson or Marshall; Defender: Mrs Margaret Simpson or Fraser; Defender: Mrs Jeanie M'Innes or Simpson or Howarth; Defender: John King
Jurisdiction
Scotland
Judgment Date
25 January 1900
Procedural Posture
Action of Reduction / Inner House, Second Division, on Reclaiming Note (appeal) From Lord Ordinary
Outcome
Court adhered to the Lord Ordinary's interlocutor; reduction granted as sought by pursuer.
Legal Topics
Positive Prescription, Computation of Prescriptive Period, Fiduciary Fee, Vesting of Interests, Issue Born After Vesting, Reduction of Title, Trust Dispositions, Interpretation of Testamentary Instruments
Succession Property Law Trusts and Estates Positive Prescription Computation of Prescriptive Period Fiduciary Fee Vesting of Interests Issue Born After Vesting +3 more

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Parties

David Melville Simpson

Pursuer

Mrs Catherine Melville Simpson or Marshall

Defender

Mrs Margaret Simpson or Fraser

Defender

Mrs Jeanie M'Innes or Simpson or Howarth

Defender

John King

Defender

Procedural Posture

Action of Reduction / Inner House, Second Division, on Reclaiming Note (appeal) From Lord Ordinary

Legal Issues

  1. 1 Whether issue born after the testator's death are entitled to share in the fee under the trust-disposition and codicil.
  2. 2 Whether the defenders' title was unchallengeable by virtue of positive prescription.
  3. 3 Whether the computation of the prescriptive period should include the day of infeftment or run from the following day.

Ratio Decidendi

Issue of the daughters born after the testator's death are entitled to share in the fee under the trust-disposition and codicil. The defenders' title, though habile for prescription, was not supported by thirty years' peaceable, exclusive, and uninterrupted possession due to the arrangement to retain disputed rents and the timely service of the summons. Prescription was not completed, and the pursuer is entitled to reduction of the titles as sought.

Court Disposition

Court adhered to the Lord Ordinary's interlocutor; reduction granted as sought by pursuer.

Orders

  • Reduction, decerniture, and declarator against the compearing defenders in terms of the conclusions of the summons.
  • Defences repelled.