Logan, Petitioner [1911] ScotLR 26 (17 August 1911)

Logan, Petitioner [1911] ScotLR 26 (17 August 1911)

The rent of the old mansion-house, though it had ceased to be used as such, was rightly included in the free yearly value of the estate for the purpose of fixing annuity and provisions chargeable on the entailed lands.

Citation
[1911] ScotLR 26
Parties
Petitioner: Crawford William Logan; Respondents: Heirs next in succession (minors)
Jurisdiction
Scotland
Judgment Date
17 August 1911
Procedural Posture
Petition / Judgment on Fixing Annuity and Provisions
Outcome
petition granted
Legal Topics
Entail, Annuities, Provisions to Widow and Children, Aberdeen Act 1824, Mansion House Rental Inclusion
Property Law Succession Law Entail Annuities Provisions to Widow and Children Aberdeen Act 1824 Mansion House Rental Inclusion

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Parties

Crawford William Logan

Petitioner

Heirs next in succession (minors)

Respondents

Procedural Posture

Petition / Judgment on Fixing Annuity and Provisions

Legal Issues

  1. 1 Whether the rent of the old mansion-house, no longer used as such, should be included in the free yearly value of the entailed estate for the purpose of fixing annuity and provisions under the Aberdeen Act 1824.

Ratio Decidendi

The rent of the old mansion-house, though it had ceased to be used as such, was rightly included in the free yearly value of the estate for the purpose of fixing annuity and provisions chargeable on the entailed lands.

Court Disposition

petition granted

Orders

  • Annuity and provisions fixed at sums including the rent of the mansion-house in the rental calculation.
  • Petitioner authorised to charge the entailed lands (including the mansion-house) by bond and disposition in security for the amount of the daughters' provisions.