Fyfe and Others v. Thomson and Others [1919] ScotLR 267 (21 February 1919)

Fyfe and Others v. Thomson and Others [1919] ScotLR 267 (21 February 1919)

Interest on funds derived from the leasing of minerals under a glebe, when held in trust for the incumbent for the time being, forms part of the 'rent of the benefice' within the meaning of Act 1672, cap. 13, and is therefore subject to ann for the benefit of the deceased minister's widow and children.

Citation
[1919] ScotLR 267
Parties
Pursuer: Margaret Patrick or Fyfe, widow of the Reverend James Lamont Fyfe, as an individual and as tutrix and administratrix-in-law of her pupil children, and James Gabriel Fyfe, her minor son; Defender: Reverend Andrew Bald Thomson, B.D., the present minister of the parish of Dairy, and others representing the Presbytery of Irvine and heritors of Dairy, as trustees under a bond and disposition in security
Jurisdiction
Scotland
Judgment Date
21 February 1919
Procedural Posture
Civil Appeal / Appeal From Sheriff Court to Court of Session, Inner House, First Division
Outcome
Appeal refused; interlocutor of the Sheriff-Substitute affirmed.
Legal Topics
Annat (ann), Glebe Revenue, Minister's Stipend, Trusts for Incumbents, Act 1672 Cap. 13, Mineral Rights Under Glebe, Widow and Children's Rights
Ecclesiastical Law Trusts and Estates Property Law Annat (ann) Glebe Revenue Minister's Stipend Trusts for Incumbents Act 1672 Cap. 13 +2 more

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Parties

Margaret Patrick or Fyfe, widow of the Reverend James Lamont Fyfe, as an individual and as tutrix and administratrix-in-law of her pupil children, and James Gabriel Fyfe, her minor son

Pursuer

Reverend Andrew Bald Thomson, B.D., the present minister of the parish of Dairy, and others representing the Presbytery of Irvine and heritors of Dairy, as trustees under a bond and disposition in security

Defender

Procedural Posture

Civil Appeal / Appeal From Sheriff Court to Court of Session, Inner House, First Division

Legal Issues

  1. 1 Does the interest on funds derived from the leasing of minerals under a glebe form part of the 'rent of the benefice or stipend' within the meaning of Act 1672, cap. 13, and is it therefore subject to ann for the benefit of the deceased minister's widow and children?

Ratio Decidendi

Interest on funds derived from the leasing of minerals under a glebe, when held in trust for the incumbent for the time being, forms part of the 'rent of the benefice' within the meaning of Act 1672, cap. 13, and is therefore subject to ann for the benefit of the deceased minister's widow and children.

Court Disposition

Appeal refused; interlocutor of the Sheriff-Substitute affirmed.

Orders

  • Defenders to pay to the pursuers the sums claimed as ann, with interest as specified in the original decree.