Ritchie or Dickie v Dickie [1999] ScotCS 95 (7 April 1999)

Ritchie or Dickie v Dickie [1999] ScotCS 95 (7 April 1999)

The decree founding sequestration was not limited to the petitioner's capacity as executrix-dative and was properly enforceable against her personal estate; the petition for recall was timeously presented; there was no procedural irregularity; recall is appropriate in all the circumstances, but expenses of the trustees must be met from the petitioner's estate.

Citation
[1999] ScotCS 95
Parties
Petitioner: Mrs Agnes Watt Dickie or Ritchie; Respondent: Charles Dickie
Jurisdiction
Scotland
Judgment Date
07 April 1999
Procedural Posture
Petition for Recall of Sequestration / Opinion Following Hearing on Merits and Expenses
Outcome
Recall of sequestration granted, subject to satisfaction of trustee expenses; findings on expenses refused against respondent; paragraphs 9 and 10 of petition deleted as irrelevant.
Legal Topics
Recall of Sequestration, Personal Liability of Executrix Dative, Procedural Time Limits, Trustee Expenses, Interpretation of Decrees
Insolvency Trusts and Estates Civil Procedure Recall of Sequestration Personal Liability of Executrix Dative Procedural Time Limits Trustee Expenses Interpretation of Decrees

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Parties

Mrs Agnes Watt Dickie or Ritchie

Petitioner

Charles Dickie

Respondent

Procedural Posture

Petition for Recall of Sequestration / Opinion Following Hearing on Merits and Expenses

Legal Issues

  1. 1 Whether sequestration was based on a decree enforceable against the petitioner's personal estate or only in her capacity as executrix-dative
  2. 2 Whether the petition for recall was timeously presented
  3. 3 Whether the sequestration should be recalled in all the circumstances

Ratio Decidendi

The decree founding sequestration was not limited to the petitioner's capacity as executrix-dative and was properly enforceable against her personal estate; the petition for recall was timeously presented; there was no procedural irregularity; recall is appropriate in all the circumstances, but expenses of the trustees must be met from the petitioner's estate.

Court Disposition

Recall of sequestration granted, subject to satisfaction of trustee expenses; findings on expenses refused against respondent; paragraphs 9 and 10 of petition deleted as irrelevant.

Orders

  • Sustain second plea-in-law for petitioner.
  • Sustain respondent's first and third pleas-in-law.