Kinnoull v. Haldane [1911] ScotLR 969 (17 July 1911)

Kinnoull v. Haldane [1911] ScotLR 969 (17 July 1911)

The petitioner is only entitled to payment of three-fourths of the improvement expenditure out of the sale price, as only that portion constitutes a debt affecting the fee of the estate within the meaning of the statutes; the remainder must be paid by the petitioner or his successor from estate income.

Citation
[1911] ScotLR 969
Parties
Petitioner/respondent: Archibald Fitzroy George Earl of Kinnoull; Respondent/reclaimer/curator Ad Litem to Lord Hay: William Stowell Haldane; Next Heir of Entail/minor: George Harley Hay (Lord Hay of Kinfauns); Immediate Younger Brother of Petitioner: Alistair George Hay; Next Younger Brother of Petitioner: Claude George Hay
Jurisdiction
Scotland
Judgment Date
17 July 1911
Procedural Posture
Petition to Sell Entailed Estate to Pay Debts / Appeal/reclaiming Motion Before Inner House
Outcome
Appeal allowed; interlocutor of Lord Ordinary recalled in part.
Legal Topics
Entail, Sale of Entailed Estate, Improvement Expenditure, Statutory Interpretation
Property Law Scots Law Succession Law Entail Sale of Entailed Estate Improvement Expenditure Statutory Interpretation

Case Brief

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Parties

Archibald Fitzroy George Earl of Kinnoull

Petitioner/respondent

William Stowell Haldane

Respondent/reclaimer/curator Ad Litem to Lord Hay

George Harley Hay (Lord Hay of Kinfauns)

Next Heir of Entail/minor

Alistair George Hay

Immediate Younger Brother of Petitioner

Claude George Hay

Next Younger Brother of Petitioner

Procedural Posture

Petition to Sell Entailed Estate to Pay Debts / Appeal/reclaiming Motion Before Inner House

Legal Issues

  1. 1 Extent of right of heir of entail to pay improvement expenditure out of price on sale of entailed estate
  2. 2 Whether full improvement expenditure or only three-fourths may be paid from sale proceeds under Entail Amendment Acts

Ratio Decidendi

The petitioner is only entitled to payment of three-fourths of the improvement expenditure out of the sale price, as only that portion constitutes a debt affecting the fee of the estate within the meaning of the statutes; the remainder must be paid by the petitioner or his successor from estate income.

Court Disposition

Appeal allowed; interlocutor of Lord Ordinary recalled in part.

Orders

  • Petitioner entitled to payment of only three-fourths of improvement expenditure and relative costs from sale price.
  • Cause remitted to Lord Ordinary to proceed accordingly.