Constable's Trustees v. Constable [1904] ScotLR 41_624 (17 June 1904)

Constable's Trustees v. Constable [1904] ScotLR 41_624 (17 June 1904)

The right of terce does not extend to profits derived from minerals or to the rent of the mansion-house, whether occupied by the heir or let, as established by authoritative legal writers and precedent.

Citation
[1904] ScotLR 41_624
Parties
Applicant: Constable's Trustees; Respondent: Constable (widow)
Jurisdiction
Scotland
Judgment Date
17 June 1904
Procedural Posture
Special Case Stated / Judgment on Questions of Law
Outcome
widow's claims dismissed
Legal Topics
Terce, Widow's Rights, Mineral Rights, Mansion House Rent
Succession Law Property Law Terce Widow's Rights Mineral Rights Mansion House Rent

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Parties

Constable's Trustees

Applicant

Constable (widow)

Respondent

Procedural Posture

Special Case Stated / Judgment on Questions of Law

Legal Issues

  1. 1 Is the widow entitled to terce out of the revenue derived from the mineral field?
  2. 2 Is the widow entitled to one-third of the free rent of the mansion-house in name of terce?

Ratio Decidendi

The right of terce does not extend to profits derived from minerals or to the rent of the mansion-house, whether occupied by the heir or let, as established by authoritative legal writers and precedent.

Court Disposition

widow's claims dismissed

Orders

  • First and third questions answered in the negative: widow not entitled to terce from mineral revenues or mansion-house rent.