Callander v. Harvey and Others [1916] ScotLR 344 (02 February 1916)

Callander v. Harvey and Others [1916] ScotLR 344 (02 February 1916)

The prœcipuum extends only to the mansion-house and such lands and buildings as are necessary adjuncts for its occupation as a dwelling (offices, gardens, main avenue, poultry run, and lodge), but not to lands claimed solely for amenity, such as the Lawn Park and Cow Park, which have been treated as separate and let to tenants. Amenity is not a sufficient legal basis for inclusion in the prœcipuum.

Citation
[1916] ScotLR 344
Parties
Pursuer: Mrs Alice Louisa Craigie Halkett or Callander; Defenders: Mrs Elizabeth Diana Craigie Halkett or Harvey and Others
Jurisdiction
Scotland
Judgment Date
02 February 1916
Procedural Posture
Succession Dispute (civil) / Appeal (inner House, Court of Session)
Outcome
Appeal dismissed; Lord Ordinary's interlocutor affirmed.
Legal Topics
Heirs Portioners, Prœcipuum, Indivisibility of Mansion House, Accessories/pertinents of Mansion House, Amenity, Division of Estates
Succession Law Property Law Heirs Portioners Prœcipuum Indivisibility of Mansion House Accessories/pertinents of Mansion House Amenity Division of Estates

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 19 Party arguments 2 Amounts and remedies 21
Sign in to unlock

Parties

Mrs Alice Louisa Craigie Halkett or Callander

Pursuer

Mrs Elizabeth Diana Craigie Halkett or Harvey and Others

Defenders

Procedural Posture

Succession Dispute (civil) / Appeal (inner House, Court of Session)

Legal Issues

  1. 1 What is the extent of the prœcipuum to which the eldest heir-portioner is entitled under Scots law?
  2. 2 Does the prœcipuum include lands necessary for the amenity of the mansion-house, or only those necessary as adjuncts for its occupation?

Ratio Decidendi

The prœcipuum extends only to the mansion-house and such lands and buildings as are necessary adjuncts for its occupation as a dwelling (offices, gardens, main avenue, poultry run, and lodge), but not to lands claimed solely for amenity, such as the Lawn Park and Cow Park, which have been treated as separate and let to tenants. Amenity is not a sufficient legal basis for inclusion in the prœcipuum.

Court Disposition

Appeal dismissed; Lord Ordinary's interlocutor affirmed.

Orders

  • Declared that the pursuer, as eldest heir-portioner, has the sole and exclusive right jure prœcipui to the mansion-house of Cramond, the portions of the lands and estates coloured pink on the plan, the poultry run, the south avenue, and the lodge at the south end of said avenue.
  • Defenders entitled to expenses to the extent of three-fourths of the taxed amount thereof.