Coats v. Bannochie's Trustees [1911] ScotLR 251 (22 December 1911)

Coats v. Bannochie's Trustees [1911] ScotLR 251 (22 December 1911)

The writing executed by the pursuer was not a cautionary obligation but a mandate or assignation authorising her father's trustees to retain her share of the estate in liquidation of her husband's debts. A married woman could validly grant such a mandate or assignation over her spes successionis. The pleas based on incapacity, lack of consideration, or ignorance were irrelevant. The defenders were entitled to set off the husband's debts against the pursuer's legitim, which was exceeded by those debts.

Citation
[1911] ScotLR 251
Parties
Pursuer: Mrs Mary Bannochie or Coats; Defenders: George Mitchell and others, Trustees of James Bannochie
Jurisdiction
Scotland
Judgment Date
22 December 1911
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary to Inner House, Second Division
Outcome
appeal dismissed; judgment for defenders
Legal Topics
Capacity of Married Women, Mandate by Married Woman, Assignation of Spes Successionis, Legitim (legal Rights of Children in Succession), Set Off of Debts Against Inheritance
Family Law Succession Law Property Law Capacity of Married Women Mandate by Married Woman Assignation of Spes Successionis Legitim (legal Rights of Children in Succession) Set Off of Debts Against Inheritance

Case Brief

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Parties

Mrs Mary Bannochie or Coats

Pursuer

George Mitchell and others, Trustees of James Bannochie

Defenders

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary to Inner House, Second Division

Legal Issues

  1. 1 Whether a married woman can validly mandate her father's trustees to retain her share of his estate in liquidation of her husband's debts
  2. 2 Whether a married woman can assign her spes successionis (expectancy) in her father's estate
  3. 3 Whether the writing executed by the pursuer constituted a cautionary obligation or an assignation/mandate

Ratio Decidendi

The writing executed by the pursuer was not a cautionary obligation but a mandate or assignation authorising her father's trustees to retain her share of the estate in liquidation of her husband's debts. A married woman could validly grant such a mandate or assignation over her spes successionis. The pleas based on incapacity, lack of consideration, or ignorance were irrelevant. The defenders were entitled to set off the husband's debts against the pursuer's legitim, which was exceeded by those debts.

Court Disposition

appeal dismissed; judgment for defenders

Orders

  • Repel second, third, and fourth pleas-in-law for the pursuer
  • Assoilzie (absolve) the defenders from the conclusions of the summons