M'Gregor's Trustees v. Kimbell [1911] ScotLR 950 (14 July 1911)

M'Gregor's Trustees v. Kimbell [1911] ScotLR 950 (14 July 1911)

The exclusion clause in the settlement was intended only to protect the testamentary provisions and does not bar the widow from claiming jus relictæ in respect of estate falling into intestacy due to the operation of the Thellusson Act. The consistent line of authority, especially Naismith v. Boyes, compels the court to allow the widow's claim to one-half of the surplus income as jus relictæ.

Citation
[1911] ScotLR 950
Parties
First Parties: David Edward and another, trustees of the late James M'Gregor; Second Party: Mrs Alice Jeffs or M'Gregor or Kimbell, widow of James M'Gregor, now wife of William Alfred Kimbell; Third Parties: John M'Gregor and others, brothers, sisters, or descendants of brothers and sisters of James M'Gregor; Fourth Parties: William Jeffs and others, brothers, sisters, or descendants of brothers and sisters of Mrs Alice Jeffs or M'Gregor or Kimbell
Jurisdiction
Scotland
Judgment Date
14 July 1911
Procedural Posture
Special Case (succession) / Judgment of Inner House, Second Division, Court of Session
Outcome
Widow entitled to claim jus relictæ to one-half of the surplus income falling into intestacy after 26 November 1902, in addition to her conventional provision.
Legal Topics
Testamentary Dispositions, Partial Intestacy, Widow's Legal Rights (jus Relictæ), Provision to Widow, Interpretation of Exclusion Clauses
Succession Law Trusts and Estates Testamentary Dispositions Partial Intestacy Widow's Legal Rights (jus Relictæ) Provision to Widow Interpretation of Exclusion Clauses

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Parties

David Edward and another, trustees of the late James M'Gregor

First Parties

Mrs Alice Jeffs or M'Gregor or Kimbell, widow of James M'Gregor, now wife of William Alfred Kimbell

Second Party

John M'Gregor and others, brothers, sisters, or descendants of brothers and sisters of James M'Gregor

Third Parties

William Jeffs and others, brothers, sisters, or descendants of brothers and sisters of Mrs Alice Jeffs or M'Gregor or Kimbell

Fourth Parties

Procedural Posture

Special Case (succession) / Judgment of Inner House, Second Division, Court of Session

Legal Issues

  1. 1 Whether a widow, who accepted provision in a will in lieu of legal rights, can claim jus relictæ out of estate falling into intestacy due to the Thellusson Act.

Ratio Decidendi

The exclusion clause in the settlement was intended only to protect the testamentary provisions and does not bar the widow from claiming jus relictæ in respect of estate falling into intestacy due to the operation of the Thellusson Act. The consistent line of authority, especially Naismith v. Boyes, compels the court to allow the widow's claim to one-half of the surplus income as jus relictæ.

Court Disposition

Widow entitled to claim jus relictæ to one-half of the surplus income falling into intestacy after 26 November 1902, in addition to her conventional provision.

Orders

  • Third question of law answered in the affirmative: the widow is entitled, jure relictæ, to one-half of the surplus income after payment of her restricted annuity for each year since 26 November 1902 and so long as she survives.