Grant and Others (Griffith's Trustees) v. Griffiths [1912] ScotLR 486 (28 February 1912)

Grant and Others (Griffith's Trustees) v. Griffiths [1912] ScotLR 486 (28 February 1912)

A widow's entitlement to an allowance for mournings is not excluded by a testamentary clause stating that provisions are in full satisfaction of all legal rights; such allowance is a privileged debt, not a legal right discharged by acceptance of testamentary provisions.

Citation
[1912] ScotLR 486
Parties
First Parties: John Pattison Grant and others (Griffith's Trustees); Second Party: Mrs Mary Jack or Griffiths
Jurisdiction
Scotland
Judgment Date
28 February 1912
Procedural Posture
Special Case (court of Session, Inner House, Second Division) / Judgment on Question of Law
Outcome
Question of law answered in the affirmative; widow entitled to allowance for mournings in addition to testamentary provisions.
Legal Topics
Testamentary Provisions, Widow's Rights, Mournings Allowance, Satisfaction of Legal Rights
Succession Family Law Testamentary Provisions Widow's Rights Mournings Allowance Satisfaction of Legal Rights

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Parties

John Pattison Grant and others (Griffith's Trustees)

First Parties

Mrs Mary Jack or Griffiths

Second Party

Procedural Posture

Special Case (court of Session, Inner House, Second Division) / Judgment on Question of Law

Legal Issues

  1. 1 Whether a widow's claim for mournings is excluded by acceptance of testamentary provisions declared to be in satisfaction of legal rights

Ratio Decidendi

A widow's entitlement to an allowance for mournings is not excluded by a testamentary clause stating that provisions are in full satisfaction of all legal rights; such allowance is a privileged debt, not a legal right discharged by acceptance of testamentary provisions.

Court Disposition

Question of law answered in the affirmative; widow entitled to allowance for mournings in addition to testamentary provisions.

Orders

  • Second party is entitled to an allowance for mournings out of the trust estate in addition to her provisions under the trust-disposition and settlement.