Anderson v. Anderson [1903] ScotLR 40_291 (23 January 1903)

Anderson v. Anderson [1903] ScotLR 40_291 (23 January 1903)

The transfer of shares by the husband to the wife during marriage, without consideration, obligation, or provision to take effect after his death, constitutes a revocable donation inter virum et uxorem and not an irrevocable matrimonial provision.

Citation
[1903] ScotLR 40_291
Parties
Pursuer/respondent: Eric Sutherland Anderson; Defender/reclaimer: Mrs Margaret Mackenzie Hay or Anderson
Jurisdiction
Scotland
Judgment Date
23 January 1903
Procedural Posture
Civil / Appeal (inner House, First Division)
Outcome
appeal dismissed; decree granted for pursuer
Legal Topics
Donatio Inter Virum Et Uxorem, Matrimonial Property, Revocation of Gifts, Postnuptial Provision
Family Law Property Law Donatio Inter Virum Et Uxorem Matrimonial Property Revocation of Gifts Postnuptial Provision

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Parties

Eric Sutherland Anderson

Pursuer/respondent

Mrs Margaret Mackenzie Hay or Anderson

Defender/reclaimer

Procedural Posture

Civil / Appeal (inner House, First Division)

Legal Issues

  1. 1 Whether a transfer of shares by a husband to his wife during marriage is a revocable donation or an irrevocable matrimonial provision
  2. 2 Whether the absence of consideration or obligation renders the transfer revocable
  3. 3 Whether the transfer was intended as a provision to take effect after the husband's death

Ratio Decidendi

The transfer of shares by the husband to the wife during marriage, without consideration, obligation, or provision to take effect after his death, constitutes a revocable donation inter virum et uxorem and not an irrevocable matrimonial provision.

Court Disposition

appeal dismissed; decree granted for pursuer

Orders

  • Defences repelled
  • Declarator granted that the transfer was a revocable donation