Rose v. Cameron's Executor [1901] ScotLR 38_247 (10 January 1901)

Rose v. Cameron's Executor [1901] ScotLR 38_247 (10 January 1901)

The claimants failed to prove that Kenneth Cameron intended to make a present donation mortis causa; the evidence showed only an intention to make a testamentary disposition to avoid government duty. There was no delivery or equivalent, nor clear animus donandi. The sums in the deposit-receipts formed part of the deceased's intestate estate and fell to his executor.

Citation
[1901] ScotLR 38_247
Parties
Pursuer and Real Raiser: John Rose; Pursuer and Real Raiser: Mrs May Frank; Pursuer and Real Raiser: William Cameron; Defender: National Bank of Scotland, Limited; Defender and Executor Dative Qua Next of Kin of Kenneth Cameron: Donald Cameron; Defender: Mrs Barbara Cameron or Campbell; Defender: Donald Campbell; Defender: Jessie Cameron or Macleod; Defender: George Macleod
Jurisdiction
Scotland
Judgment Date
10 January 1901
Procedural Posture
Multiplepoinding (distribution of Estate) / Appeal From Sheriff Court to Court of Session, Inner House, Second Division
Outcome
Appeal dismissed; claimants' claims repelled; executor preferred to the fund in medio.
Legal Topics
Donatio Mortis Causa, Intestate Succession, Delivery of Gifts, Testamentary Intention
Succession Law Property Law Donatio Mortis Causa Intestate Succession Delivery of Gifts Testamentary Intention

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Parties

John Rose

Pursuer and Real Raiser

Mrs May Frank

Pursuer and Real Raiser

William Cameron

Pursuer and Real Raiser

National Bank of Scotland, Limited

Defender

Donald Cameron

Defender and Executor Dative Qua Next of Kin of Kenneth Cameron

Mrs Barbara Cameron or Campbell

Defender

Donald Campbell

Defender

Jessie Cameron or Macleod

Defender

George Macleod

Defender

Procedural Posture

Multiplepoinding (distribution of Estate) / Appeal From Sheriff Court to Court of Session, Inner House, Second Division

Legal Issues

  1. 1 Whether the sums in the deposit-receipts were validly donated mortis causa to the claimants or formed part of the deceased's intestate estate
  2. 2 Whether delivery or its equivalent is essential for a valid donatio mortis causa
  3. 3 Whether the deceased's intention was to make a present donation or a testamentary disposition

Ratio Decidendi

The claimants failed to prove that Kenneth Cameron intended to make a present donation mortis causa; the evidence showed only an intention to make a testamentary disposition to avoid government duty. There was no delivery or equivalent, nor clear animus donandi. The sums in the deposit-receipts formed part of the deceased's intestate estate and fell to his executor.

Court Disposition

Appeal dismissed; claimants' claims repelled; executor preferred to the fund in medio.

Orders

  • Dismiss the appeal.
  • Repel the claim for John Rose, Mrs May Frank, and William Cameron.