PETITION TO RECALL THE APPOINTMENT OF AN EXECUTRIX-DATIVE AND TO APPOINT SUBSTITUTE EXECUTORS-DATIVE BY ALISON MARY RUSSELL AND BEVERLY JANE MCNAIR [2017] ScotSC 45 (08 August 2017))

PETITION TO RECALL THE APPOINTMENT OF AN EXECUTRIX-DATIVE AND TO APPOINT SUBSTITUTE EXECUTORS-DATIVE BY ALISON MARY RUSSELL AND BEVERLY JANE MCNAIR [2017] ScotSC 45 (08 August 2017))

The court found sufficient grounds to recall the appointment of the executrix-dative and to appoint the petitioners as substitute executors-dative.

Citation
[2017] ScotSC 45
Parties
Petitioner: Alison Mary Russell; Petitioner: Beverly Jane McNair; Respondent: Executrix-dative (unnamed)
Jurisdiction
Scotland
Judgment Date
08 August 2017
Procedural Posture
Petition / Judgment
Outcome
petition granted
Legal Topics
Recall of Executrix Dative, Appointment of Substitute Executors Dative
Succession Law Recall of Executrix Dative Appointment of Substitute Executors Dative

Case Brief

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Parties

Alison Mary Russell

Petitioner

Beverly Jane McNair

Petitioner

Executrix-dative (unnamed)

Respondent

Procedural Posture

Petition / Judgment

Legal Issues

  1. 1 Whether the appointment of the executrix-dative should be recalled
  2. 2 Whether substitute executors-dative should be appointed

Ratio Decidendi

The court found sufficient grounds to recall the appointment of the executrix-dative and to appoint the petitioners as substitute executors-dative.

Court Disposition

petition granted

Orders

  • Appointment of executrix-dative recalled
  • Petitioners appointed as substitute executors-dative