Kerr v. Simpson [1912] ScotLR 369 (03 February 1912)

Kerr v. Simpson [1912] ScotLR 369 (03 February 1912)

Given the relationship of master and confidential servant, the universal settlement in favour of the servant, the pending action of reduction by the deceased's relatives, and the averments of risk to the estate, it is in the best interests of all parties that the estate be placed under neutral management by appointing a judicial factor, rather than granting confirmation to the executor-nominate.

Citation
[1912] ScotLR 369
Parties
Pursuer: George Kerr; Objectors/respondents: David Simpson and others (trustees and executors under 1892 trust-disposition and settlement) and Miss Evelyn Blantyre Simpson (sole next-of-kin)
Jurisdiction
Scotland
Judgment Date
03 February 1912
Procedural Posture
Appeal From Sheriff Court (initial Writ for Confirmation as Executor Nominate) / Final Appellate Judgment (court of Session, Inner House, First Division)
Outcome
Appeal sustained; interlocutors of Sheriff-Substitute and Sheriff recalled; initial writ dismissed; judicial factor appointed.
Legal Topics
Confirmation of Executor, Judicial Factor Appointment, Reduction of Testamentary Deed, Protection of Estate Pending Litigation
Succession Law Trusts and Estates Confirmation of Executor Judicial Factor Appointment Reduction of Testamentary Deed Protection of Estate Pending Litigation

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Parties

George Kerr

Pursuer

David Simpson and others (trustees and executors under 1892 trust-disposition and settlement) and Miss Evelyn Blantyre Simpson (sole next-of-kin)

Objectors/respondents

Procedural Posture

Appeal From Sheriff Court (initial Writ for Confirmation as Executor Nominate) / Final Appellate Judgment (court of Session, Inner House, First Division)

Legal Issues

  1. 1 Whether confirmation should be granted to executor-nominate when an action of reduction of the settlement is pending and there is alleged danger to the estate.
  2. 2 Whether a judicial factor should be appointed to manage the estate pending resolution of the reduction action.

Ratio Decidendi

Given the relationship of master and confidential servant, the universal settlement in favour of the servant, the pending action of reduction by the deceased's relatives, and the averments of risk to the estate, it is in the best interests of all parties that the estate be placed under neutral management by appointing a judicial factor, rather than granting confirmation to the executor-nominate.

Court Disposition

Appeal sustained; interlocutors of Sheriff-Substitute and Sheriff recalled; initial writ dismissed; judicial factor appointed.

Orders

  • Recall interlocutors of 8th December 1911 and subsequent interlocutors.
  • Appoint Mr George A. Robertson, C.A., Edinburgh, as judicial factor on the executry estate of William Simpson.