Inglis' Trustee v. Inglis [1924] ScotLR 153 (17 January 1924)

Inglis' Trustee v. Inglis [1924] ScotLR 153 (17 January 1924)

The Court determined that, in view of the bankrupt's circumstances—including his dependants and available income—£300 per annum constituted the excess of suitable aliment, and this sum should be paid to the trustee for creditors, rather than the £400 fixed by the Sheriff-Substitute.

Citation
[1924] ScotLR 153
Parties
Pursuer/respondent: Peter Lyle, Trustee on the sequestrated estates of Quentin Godfrey Inglis; Defender/appellant: Quentin Godfrey Inglis
Jurisdiction
Scotland
Judgment Date
17 January 1924
Procedural Posture
Bankruptcy Petition / Appeal From Sheriff Court to Inner House, Court of Session
Outcome
appeal allowed in part; excess fixed at £300 per annum instead of £400
Legal Topics
Alimentary Provision, Excess Income, Sequestration, Maintenance of Bankrupt, Distribution to Creditors
Bankruptcy Trusts and Estates Alimentary Provision Excess Income Sequestration Maintenance of Bankrupt Distribution to Creditors

Case Brief

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Parties

Peter Lyle, Trustee on the sequestrated estates of Quentin Godfrey Inglis

Pursuer/respondent

Quentin Godfrey Inglis

Defender/appellant

Procedural Posture

Bankruptcy Petition / Appeal From Sheriff Court to Inner House, Court of Session

Legal Issues

  1. 1 Whether the alimentary provision received by the bankrupt exceeds a suitable amount for his maintenance in view of his existing circumstances
  2. 2 What sum, if any, should be paid over to the trustee in bankruptcy as excess alimentary provision

Ratio Decidendi

The Court determined that, in view of the bankrupt's circumstances—including his dependants and available income—£300 per annum constituted the excess of suitable aliment, and this sum should be paid to the trustee for creditors, rather than the £400 fixed by the Sheriff-Substitute.

Court Disposition

appeal allowed in part; excess fixed at £300 per annum instead of £400

Orders

  • The bankrupt is ordered to pay £300 per annum from his alimentary income to the trustee for creditors, reserving the right of either party to apply for alteration in the event of changed circumstances.