Hutchison v. Hutchison [1914] ScotLR 349 (20 February 1914)

Hutchison v. Hutchison [1914] ScotLR 349 (20 February 1914)

The defender is bound to secure the annuity of £300 to the satisfaction of the marriage-contract trustees in so far as he is able; to the extent of the £2000 mortgage, he is able to implement the obligation. The trust created by the defender in his own favour and that of his solicitor does not satisfy the...

Source-derived case information.

Citation
[1914] ScotLR 349
Parties
Pursuer: Elizabeth Annabella Turnbull or Hutchison; Defender: William Marshall Hutchison
Jurisdiction
Scotland
Judgment Date
20 February 1914
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Judgment
Outcome
interlocutor of Lord Ordinary recalled; defender found bound to secure annuity to satisfaction of trustees to extent of £2000 mortgage; cause continued for further adjustment between trustees and defender
Legal Topics
Antenuptial Marriage Contract, Provision for Spouse, Obligation to Pay Annuity, Interpretation of 'as Soon as He Is Able', Trustees' Satisfaction, Security for Annuity
Family Law Contract Law Trusts and Estates Antenuptial Marriage Contract Provision for Spouse Obligation to Pay Annuity Interpretation of 'as Soon as He Is Able' Trustees' Satisfaction +1 more

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Summary, issues, holding and outcome

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Parties

Elizabeth Annabella Turnbull or Hutchison

Pursuer

William Marshall Hutchison

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary's Judgment

Legal Issues

  1. 1 Whether the defender is presently bound to secure an annuity for the pursuer under the antenuptial marriage contract
  2. 2 Interpretation of the phrase 'as soon as he is able' in the contract
  3. 3 Whether the defender's provision of a mortgage in trust satisfies the contractual obligation

Ratio Decidendi

The defender is bound to secure the annuity of £300 to the satisfaction of the marriage-contract trustees in so far as he is able; to the extent of the £2000 mortgage, he is able to implement the obligation. The trust created by the defender in his own favour and that of his solicitor does not satisfy the contractual requirement, as the security must be to the satisfaction of the marriage-contract trustees. The defender's income and capital position at the time of the action demonstrate ability to implement the obligation at least to the extent of the mortgage.

Court Disposition

interlocutor of Lord Ordinary recalled; defender found bound to secure annuity to satisfaction of trustees to extent of £2000 mortgage; cause continued for further adjustment between trustees and defender

Orders

  • Defender to secure annuity of £300 per year to satisfaction of marriage-contract trustees to the extent of £2000 mortgage
  • Defender allowed opportunity to find further security to trustees' satisfaction