Garden's Ex v More [1912] ScotCS CSIH_4 (03 December 1912)

Garden's Ex v More [1912] ScotCS CSIH_4 (03 December 1912)

The mutual settlement was testamentary and did not operate to benefit the heirs or executors of the predeceasing spouse; the estate passes to the executors of the surviving spouse. No binding precatory trust was constituted for the widow of Alexander Garden.

Citation
[1912] ScotCS CSIH_4
Parties
Applicant: Garden's Executor; Respondent: More
Jurisdiction
Scotland
Judgment Date
03 December 1912
Procedural Posture
Civil Appeal / Appellate
Outcome
appeal dismissed
Legal Topics
Mutual Settlements, Testamentary Disposition, Precatory Trusts
Succession Law Property Law Mutual Settlements Testamentary Disposition Precatory Trusts

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Parties

Garden's Executor

Applicant

More

Respondent

Procedural Posture

Civil Appeal / Appellate

Legal Issues

  1. 1 Whether a mutual settlement operates as a will after the death of both parties
  2. 2 Whether the heirs or executors of the predeceasing spouse take under the mutual settlement
  3. 3 Whether a precatory trust was constituted in favour of the widow of Alexander Garden for £50

Ratio Decidendi

The mutual settlement was testamentary and did not operate to benefit the heirs or executors of the predeceasing spouse; the estate passes to the executors of the surviving spouse. No binding precatory trust was constituted for the widow of Alexander Garden.

Court Disposition

appeal dismissed

Orders

  • First question answered in the affirmative
  • Second and third questions answered in the negative