Morrison-Low v Paterson & Anor [1999] ScotCS 220 (16 September 1999)

Morrison-Low v Paterson & Anor [1999] ScotCS 220 (16 September 1999)

The court held that the pursuer had not relevantly averred that, on the death of Agnes Paterson, all trust or executry purposes had ceased such that the tenancy came to an end. There remained trust purposes, including making waygoing/improvement claims and distributing proceeds to beneficiaries. Therefore, the...

Source-derived case information.

Citation
[1999] ScotCS 220
Parties
Pursuer and Reclaimer: Richard Walter Morrison-Low; Defenders and Respondents: Ian Thomas Paterson and Another
Jurisdiction
Scotland
Judgment Date
16 September 1999
Procedural Posture
Reclaiming Motion (appeal) / Inner House, Court of Session, Post Lord Ordinary's Decision
Outcome
Reclaiming motion refused; interlocutor of Lord Ordinary adhered to.
Legal Topics
Termination of Agricultural Tenancies, Trust Purposes and Executry Administration, Constructive Trusts, Security of Tenure Under Agricultural Holdings (scotland) Act
Trusts and Estates Landlord and Tenant Agricultural Law Termination of Agricultural Tenancies Trust Purposes and Executry Administration Constructive Trusts Security of Tenure Under Agricultural Holdings (scotland) Act

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Summary, issues, holding and outcome

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Parties

Richard Walter Morrison-Low

Pursuer and Reclaimer

Ian Thomas Paterson and Another

Defenders and Respondents

Procedural Posture

Reclaiming Motion (appeal) / Inner House, Court of Session, Post Lord Ordinary's Decision

Legal Issues

  1. 1 Whether the agricultural tenancy of Moonzie Farm came to an end on the death of Agnes Paterson due to cessation of trust or executry purposes.
  2. 2 Whether the defenders (executors/trustees) were entitled to continue as tenants after the death of the last annuitant beneficiary.

Ratio Decidendi

The court held that the pursuer had not relevantly averred that, on the death of Agnes Paterson, all trust or executry purposes had ceased such that the tenancy came to an end. There remained trust purposes, including making waygoing/improvement claims and distributing proceeds to beneficiaries. Therefore, the tenancy did not automatically terminate on Agnes Paterson's death, and the reclaiming motion was refused.

Court Disposition

Reclaiming motion refused; interlocutor of Lord Ordinary adhered to.

Orders

  • Refusal of reclaiming motion
  • Adherence to Lord Ordinary's interlocutor dated 22 January 1998