Dunbar's Trustees v. Dunbar [1902] ScotLR 40_146 (03 December 1902)

Dunbar's Trustees v. Dunbar [1902] ScotLR 40_146 (03 December 1902)

Accumulations of income and property purchased by wife during marriage do not fall under clause of conquest in marriage-contract but remain her separate estate to be disposed of by testamentary settlement; estate purchased with funds from both spouses and titled in conjunct fee vests in survivor after dissolution;...

Source-derived case information.

Citation
[1902] ScotLR 40_146
Parties
Applicant: Dunbar's Trustees; Respondent: Dunbar; Claimant: Rev. John Archibald Dunbar Dunbar
Jurisdiction
Scotland
Judgment Date
03 December 1902
Procedural Posture
Multiplepoinding / Final Judgment at First Instance
Outcome
Judicial factor's plea repelled; testamentary trustees preferred; Rev. John Archibald Dunbar Dunbar's legitim claim repelled.
Legal Topics
Marriage Contracts, Conquest, Accumulations of Income, Testamentary Settlement, Legitim, Married Women's Property Act 1881
Succession Law Trusts and Estates Family Law Marriage Contracts Conquest Accumulations of Income Testamentary Settlement Legitim +1 more

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Parties

Dunbar's Trustees

Applicant

Dunbar

Respondent

Rev. John Archibald Dunbar Dunbar

Claimant

Procedural Posture

Multiplepoinding / Final Judgment at First Instance

Legal Issues

  1. 1 Whether accumulations of income and property purchased by wife during marriage fall under clause of conquest in marriage-contract
  2. 2 Whether estate purchased with funds from both spouses falls under conquest clause
  3. 3 Whether estate acquired by exchange/disentail falls under conquest clause

Ratio Decidendi

Accumulations of income and property purchased by wife during marriage do not fall under clause of conquest in marriage-contract but remain her separate estate to be disposed of by testamentary settlement; estate purchased with funds from both spouses and titled in conjunct fee vests in survivor after dissolution; estate acquired by exchange/disentail is not conquest; sum of £2000 and railway shares conveyed to trustees are disposed of by testamentary settlement; son not entitled to legitim due to satisfaction clause in marriage-contract.

Court Disposition

Judicial factor's plea repelled; testamentary trustees preferred; Rev. John Archibald Dunbar Dunbar's legitim claim repelled.

Orders

  • Finds provision of conquest does not extend to funds and estate vested in testamentary trustees derived from accumulation of income to which Mrs Dunbar Dunbar was entitled.
  • Finds provision of conquest does not extend to accumulations after dissolution of marriage or estate acquired after dissolution.